Work-life balance

Right to flexible working

• Currently

  Employees can request a flexible working pattern from day one of their employment and an employer can accept the request or reject it provided they give one of the eight business reasons outlined in the relevant legislation. An employee is entitled to compensation if their employer breaches this procedure.

• What will change?

  This process remains the same in so far as the right to request a flexible working pattern remains a day one right (right to request not a right to have a flexible working pattern). Importantly, however, the ERB introduces a new objective test; should an employer refuse a request this refusal must be for one of the eight business reasons and must be reasonable in the circumstances. An employer will need to explain their reason for rejecting a request and demonstrate why it is reasonable.

• When will this change come into force?

  Regulations will be drafted for more information on what information an employer will need to provide should they decline a request. The Government has promised a consultation on this.