Flexible working to become a day one of employment right

December 14th 2022

On 5 December 2022, the government announced that a new legislation will be introduced to make the right to request flexible working a day one of employment right, although no time frame for this change has been set. 

Employees have had the statutory right to request flexible working since 2003. This is however currently only a right for eligible employees with at least 26 weeks’ continuous employment which is triggered by an employee making a written request. ACAS guidance gives examples of “flexible working requests” such as:-

– reducing hours to work part time;

– changing your start and finish times;

– doing your hours over fewer days, so called “compressed hours”;

– working from home or elsewhere, so called “remote working”; and

– job sharing. 

The government’s announcement to extend flexible working follows a consultation on proposals to reform flexible working regulations in 2021. The government considers that staff retention and higher productivity will result from this. There are also proposals to permit employees to make two requests rather than one in a 12-month period and to reduce the period in which an employer must respond to a request from 3 months to 2 months. 

Enhanced guidance will also be developed to help employer’s understanding and awareness. 

For more details see:-


The contents of this article is a general guide only at the date of publication.  It is not comprehensive and it does not constitute legal advice.  Specific legal advice should be sought in relation to the particular facts of a given situation.

Millions of Britons to be able to request flexible working on day one of employment