Detail on flexible working changes expected

The Government is expected to provide further details about the extension of the right to request flexible working to all employees, which comes into force in 2014. The changes to the flexible working regime were confirmed in the Government's response to the consultation on modern workplaces. 

In November 2012, the Government published its response to the flexible working proposals contained in the Consultation on modern workplaces (PDF format, 622K) (on the BIS website). It confirmed that, from 2014, it will:

  • extend the right to request flexible working to all employees (currently available to employees with children under the age of 17 or caring responsibilities for an adult dependant), while retaining the 26-week eligibility period for making requests;
  • replace the right to request flexible working procedure with a duty on employers to deal with requests in a "reasonable" manner, and within a "reasonable" period of time; and
  • create a statutory code of practice (in relation to which Acas will consult) to give guidance on dealing with flexible working requests, including explaining the meaning of "reasonable", how to prioritise competing requests and how to handle requests to make temporary changes to working patterns. 

The Government confirmed that it will not create an exemption for micro businesses (those with fewer than 10 employees). 

The changes to the flexible working regime will be made by the Children and Families Bill. 

The response to the consultation on modern workplaces also confirmed the introduction of flexible parental leave in 2015, which will enable mothers to commit to converting 50 weeks' maternity leave and 37 weeks' maternity pay to flexible parental leave and pay, which can be shared with their partner and does not need to be taken in a single block. 

Also 

XpertHR legal timetable and HR calendar Keep up to date with new legislation, consultations and HR developments in 2013 with XpertHR's legal timetable and HR calendar. 

XpertHR Liveflo Respond to a statutory request to work flexibly with the help of this interactive flowchart.