The government recently published a consultation to reform flexible working regulations. The CBI has submitted a formal response, on behalf of our members.
Businesses support a ‘right to request’ legislative framework, that makes flexible working accessible to all employees, along with a more responsive system that remains manageable for employers. Firms see constructive conversations with employees as the objective to make flexible working sustainable for both parties, and businesses want more practical guidance to support this.
Summary of our recommendations:
- Remove the 26-week qualifying period, so employees are eligible to request flexible working from day one of employment.
- Retain the eight grounds to refuse a request, so employers can ensure that flexible working arrangements are sustainable for both parties
- Do not legally require businesses to suggest an alternative arrangement, or provide a formal evaluation of considered alternatives, if flexible working requests are refused
- Enable employees to make two requests for flexible work within a 12-month period, with a six-month delay if these requests are the same
- Reduce the time employers have to respond, from 12 weeks to eight weeks
- Expand guidance through Acas’ Code of Conduct on how employers can better approach/offer flexible working arrangements.
An overview of our response:
- The right to request flexible work from day one: businesses support the removal of the existing 26-week threshold before an individual can formally request to work flexibly and there is strong political will for this to happen, too.
- Assessing if the eight business reasons to refuse requests are still valid: firms told us when requests are not operationally feasible, the current eight business reasons are suitable at present. We recommended to retain all eight reasons with no amends
- Requiring the employer to suggest alternatives where possible: members told us this proposal oversteps the right to request framework, while formal written evaluations are too administrative. Instead, we recommend having a more responsive system, where employers have positive conversations with employees, leading to sustainable outcomes for both
- Allowing flexible work requests more than once in a 12-month period: members want the right to request to be more responsive to employees’ changing circumstances, so requests per 12-month period should be doubled from one to two – we also found that employers can respond within eight working weeks, instead of the existing 12 weeks.
- Guidance to support constructive conversations with employees: the CBI has recommended strengthening the current Acas guidance, by including more practical steps on when employers should consider proactively discussing flexible working, and how to make this discussion more constructive for both parties.
How to get involved
The 2019 Conservative manifesto pledged to make flexible working ‘the default’, with some stakeholders pushing for a ‘right to have’ for employees; but the CBI successfully advised to maintain the ‘right to request’ framework, instead – giving employers more flexibility to balance individual and business needs.
The government is set to respond to this consultation in the Spring. We expect any legislative changes to be taken into the Employment Bill next year.
Read our full response here.
At the CBI, we are making your voice heard at the Flexible Working Taskforce, currently advising government on new ways of working in the UK.
For any further details, or to see how you can get involved, please contact Yusuf Ali-Hassan (Policy adviser - Skills, inclusion & employment)