Search

How can we help?

Icon

Making flexible working the default

The Government has recently announced a consultation on flexible working, the Making flexible working the default consultation takes place from the Governments Good Work Plan: Proposals to support families which was published in July 2019.

The Government is looking for views on whether:

  • Flexible working should be a day 1 right
  • There should be amendments to the eight business reasons for rejecting a flexible working request
  • Employers should explore alternatives to the employees flexible working request
  • The rigid administrative requirements in making a flexible working request should be amended
  • Employees should be made aware of their right to make a temporary flexible working

The Good Work Plan was published before Covid-19 hit, however, the Making flexible working the default consultation has placed an emphasis on Covid-19 and one of the aims of the consultation is to ensure the labour market is primed for a post Covid-19 world.

Indeed, the Consultation highlights how we have had to adapt during Covid-19 and that not all flexible working practices are suitable in the long term. However, the pandemic has “opened our eyes to what may be possible, and we now have the chance to seize the moment and make flexible working – in all its forms – part of business DNA”. It is no surprise that the Government wants to use this moment to ensure flexible working, in some form, continues post Covid 19.

Research Published by Sage on behalf of the Tavistock Institute shows that employees who have flexible working have higher job satisfaction and increased dedication compared to those who don’t. Access the full consultation Making flexible working the default

One of the aims of the consultation is to ensure the labour market is primed for a post Covid-19 world.

Prior to Covid-19 a study published in September 2019 by GQR for TUC showed that less than half of the workforce were offered flexible working. Covid-19 obviously changed the way we work and employers who do not offer some sort of flexible working will be seen as out of touch and will likely lose talent.

Employees who have had flexible working request rejected in the past may make them again and if they had flexible working during the pandemic will use that as an example to show how it will work. Employers will have to think carefully on the grounds of any rejections.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.