The Labour government has proposed giving full-time employees the right to request compressed hours working arrangements that could see staff working four days a week. The proposals are part of the government’s wide plans to increase flexible working.
The changes will not, however, be forced on employers and will first be the subject of an industry-wide consultation.
Whilst the government has not yet published details, they are widely expected to be included in a new package of workers’ rights that is expected to begin its legislative journey in the Autumn.
Labour’s workers’ rights
The Labour government’s proposals to give workers greater rights include:
- The right to switch off, restricting the ability of employers to contact staff outside of normal working hours.
- The right to parental leave from the first day of employment.
- The right not to be unfairly dismissed from the first day of employment, scrapping the two-year qualifying rule.
- Reform of zero hours contracts with more predictable working hours.
- A commitment to end ‘fire and rehire’ practices.
- Extending the same basic rights and protections – sick pay, holiday pay, parental leave and protection against unfair dismissal – to all workers.
Four-day week and flexible working
Employers are increasingly embracing flexibility in the workplace in order to attract and retain the best talent. Flexible working is not at present an employment right, however. It is just a right to request flexible working and for this right to be considered in a reasonable way.
There are eight broad reasons an employer can currently and legitimately refuse requests for flexible working. They are:
- The burden of additional costs.
- Inability to re-organise work amongst existing staff
- Inability to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Detrimental impact on the ability to meet customer demand
- Insufficient work during proposed work periods
- Planned structural changes to a business
It is not difficult to justify a refusal to a flexible working request with reference to these reasons and constructing a rationale to say no.
With this in mind, Labour’s proposals to extend and beef up the rights to flexible working are likely to concern employers. The Labour government has said that flexible working will not be forced on employers. Watch this space.
Contact our Employment Solicitor
Rhian Radia is an employment Consultant Solicitor at Bishop & Sewell. For initial advice or to arrange a meeting, please email employment@bishopandsewell.co.uk or call on 020 7631 4141
The above is accurate as at 12 September 2024. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
