Remote working forever? Employees will have the right to ask for flexible hours from the moment they start a new job

Workers across the UK are set to have more say in their working patterns than ever before – including the right to request flexible or remote working from day one of a new job – under new laws proposed by the government.

Currently, workers have to provide 26 weeks of continuous service to make applications to change their work location, working hours or working pattern.

According to the government website, millions of employees will “have a greater say over when, where, and how they work” and businesses are “set to benefit from higher productivity and staff retention as a result”.

It also announces new rules surrounding exclusivity contracts, adding: “around 1.5 million low paid workers will be given even more flexibility, with [a] new law coming into force to remove exclusivity clause restrictions, allowing them to work for multiple employers if they wish.”

The new measures refer to ‘flexible working’ as anything from remote working to job-sharing, flexitime, or working compressed, annualised, or staggered hours. 

Of the new laws, the UK’s minister for small business Kevin Hollinrake said: “Giving staff more say over their working pattern makes for happier employees and more productive businesses. Put simply, it’s a no-brainer. Greater flexibility over where, when, and how people work is an integral part of our plan to make the UK the best place in the world to work.”

What are the government’s new laws on flexible and remote working?

The government has plans to make “flexible working default”, according to its report.

The measures the government is committing to will:

• remove the 26-week qualifying period before employees can request flexible working, making it a day-one right
• require employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request
• allow employees to make two flexible working requests in any 12-month period
• require employers to respond to requests within two months, down from three
• remove the requirement for employees to set out how the effects of their flexible working request might be dealt with by their employer

It also states that if an employer cannot accommodate a request to work flexibly, they will be required to discuss alternative options before they can reject the request, for example offering part-time flexible or home working.

What are the government’s new laws on exclusivity clauses?

The government website states: “Workers on contracts with a guaranteed weekly income on or below the Lower Earnings Limit of £123 a week will now be protected from exclusivity clauses being enforced against them, which restricted them from working for multiple employers.

“These reforms will ensure around 1.5 million low paid workers can make the most of the opportunities available to them such as working multiple short-term contracts. This will particularly benefit those who need more flexibility over where and when they work, for example students or people with caring responsibilities.

“While not everyone will want a second job, today’s laws on exclusivity clauses remove unnecessary red tape that prevents those who do – for example gig economy workers, younger people, or carers who cannot commit to a full-time role. The laws will also help businesses plug crucial staffing gaps by giving employers access to recruit from a wider talent pool.”