Right to Request Flexible Working by Default

The Labour Party's ‘Make Work Pay’ plan proposes significant changes to flexible working rights, making it a default option from day one of employment. This proposed shift builds on existing government legislation, aiming to ensure that flexibility becomes a standard practice in the workplace, except where it is not reasonably feasible.

Current Legislation and Labour's Proposal

Following recent legislation changes under the previous government, employees have the right to request flexible working arrangements from day one. However, the Labour Party plans to expand upon this baseline to ensure that flexibility is the default. This could imply limiting the grounds on which employers can refuse such requests and potentially increasing the powers of employment tribunals to review employer decisions.

Labour's proposal suggests that all workers, including newly hired ones, would have the right to request flexible working arrangements, which employers would be required to accommodate as far as is reasonable. This marks a significant shift towards making flexible working a standard practice, aimed at providing better work-life balance and supporting working parents.

Impact on Employees

1. Increased Flexibility: Employees would benefit from the ability to request flexible working arrangements from the start of their employment. This could include flexi-time, remote working, and term-time contracts, which are particularly beneficial for parents and caregivers.
2. Improved Work-Life Balance: Flexibility can help employees better manage their personal and professional responsibilities. This will likely lead to increased job satisfaction and reduced stress, contributing to overall wellbeing and productivity.
3. Job Security: By embedding the right to flexible working in legislation, employees will have greater job security and less fear of discrimination or retaliation for requesting flexible arrangements. This protection is essential in promoting a fair and inclusive workplace.

Addressing One-Sided Flexibility

Labour's plan also aims to address the issue of one-sided flexibility, where employers benefit from flexible working arrangements at the expense of employees. By making flexibility the default and providing robust protections against unjust refusals, the proposal seeks to balance the interests of both parties.

1. Fairness in Decision-Making: Employers would need to provide clear, justifiable reasons for refusing flexible working requests, ensuring that decisions are made fairly and transparently. This could reduce arbitrary or discriminatory refusals and promote a more equitable workplace.
2. Support for Working Parents: The proposal highlights the importance of supporting working parents by offering flexible working options that accommodate school terms and childcare responsibilities. This approach aligns with Labour's broader commitment to improving family-friendly workplace policies​.

Conclusion

Labour's proposal to make flexible working a workplace norm from day one represents a significant step towards creating a more adaptable and supportive work environment. The proposed changes aim to enhance job satisfaction, improve work-life balance, and promote inclusivity by building on existing legislation and ensuring that flexibility is genuinely the norm.

As these proposals are still subject to legislative processes and consultations, it will be essential for all stakeholders, including employers, employees, and unions, to engage in meaningful dialogue to shape the final framework.