Currently, the right is only to “request” flexible working, which an employer can decline on certain specified grounds (such as an inability to reorganise work or to meet customer demand) that are usually easy to meet. The government has said that it has no plans to “impose” a 4 day working week on businesses, but however, what we don’t yet know is whether the government will tighten the law, so that requests to work compressed hours are granted by default unless the employer is in an exempt industry (obvious candidates being healthcare, teaching, or transportation), or whether the employer will be required to justify their reasons for turning down the request, or whether compensation will be increased if the right is breached. Currently, a breach of the Flexible Working Regulations only attracts compensation of up to 8 weeks’ pay.
It also remains to be seen how employees who already work part time will be catered for. Will an employee who works 3 days per week be permitted to request to compress their hours into 2 days?
All will be revealed when the government publishes its new Employment Rights Bill, which is expected very soon.
Irrespective of the detail, the announcement will inevitably have the practical effect of drawing workers’ attention to the issue, and businesses can therefore expect to see increased flexible working requests as a result.
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Fiona is a senior employment lawyer with more than 18 years’ experience in advising a diverse range of corporate clients on employment law issues. Before joining Arbor Law, she was a partner and co-head of the Employment law department at Kennedys, working with a wide range of clients from multinational insurers and transport businesses to SMEs and start- ups. She advises clients on an array of employment matters, from day-to-day employment law queries to strategic guidance on long-term projects and corporate transactions.