Wide ranging changes have been proposed to the way employers must deal with flexible working requests, and who will be eligible to make them. Aimed at making flexible working the default position, employers’ views are invited as part of a government consultation, open until 1 December 2021.
What is being proposed?
The proposals aim to bring more employees into the scope of the legislation by making the right to request flexible working available from day-1 of employment.
The consultation is also assessing whether the current 8 business reasons for refusal are still valid, and a separate assessment is being completed into the administrative processes associated with managing flexible working requests; specifically, the time scales for responding and the ability for employees to make more than one request per year.
The government intends to introduce an entitlement to carer’s leave as a day one right for employees.
Unpaid carers will be able to take up to one week (five working days) of unpaid leave per year. This can be taken flexibly, either in individual days or half-days, up to a block of one week.
The end of the Job Retention Scheme means employers are looking for alternative options
With employees returning to work from possibly a lengthy time on furlough, employers need to consider their wellbeing and health and safety, as well as options where there is not enough work.
Employers are facing the situation of employees not being able to get to their place of work due to the fuel shortage, or having to take time off to care for children who can’t get to school or childcare.
In Follows v Nationwide Building Society, the Employment Appeal Tribunal (EAT) has held that a claimant was the victim of indirect associative discrimination, as a result of changes made to her job role by her employer.
This is the first time indirect discrimination has been upheld in UK where the claimant does not have the protected characteristic, but their association does.
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