Tuesday, 17th September 2024Will work from home become a legal right?
Following the recent release of Labour’s possible plans for compressed four-day working weeks (which we covered in a previous post), Labour’s significant plans for employment law reform have had further light shed on them by business secretary Jonathan Reynolds in an interview with The Times published late yesterday evening. Reynolds endorsed Labour’s upcoming Employment Rights Bill and defended their plans to enhance flexible working laws, pledging to end the “culture of presenteeism” in offices which will, according to Reynolds, boost productivity in the workplace.
Employees have had the right to request flexible working for years, and from their first day of employment since 6 April 2024, but the government would like to go further to ensure that flexible working becomes a default right for employees from the first day in their job. There is also a proposed right to switch off, where businesses will be compelled to set out their normal working hours and allow staff to be uncontactable after a specified time.
While the government have said that employers will only be required to accommodate any flexible working requests so far as they are reasonably practicable, what this exactly means with regards to the specific changes that will be made to the legislation is unclear at present.
Some campaigners in favour of flexible working reform have argued that “reasonably practicable” is unlikely to be enough to prevent employers from refusing flexible requests on the grounds of business needs. However, there will be concern to employers if there is an introduction of a presumption in favour of a flexible working request or a narrowing of the grounds on which an employer can refuse a request and an increase in the powers of the tribunal when reviewing those decisions.
Reynolds accepted that there was a balance to be struck both in terms of the right to switch off and how employers will be required to accommodate requests for flexible working, such as working from home or a four-day working week. The government is adamant that their proposed rights and Employment Rights Bill will improve the work-life balance of employees and consequently encourage more resilient, loyal and productive staff. Yet, there are the competing concerns of employers as to how productivity, client expectations and operational costs might be impacted.
Therefore, when Labour present the framework of their Employment Rights Bill next month, which will meet the 100-day deadline they committed themselves to, they will have to fully and comprehensively consult with businesses to ensure that the resulting legislation achieves that balance that Reynolds mentions. He said that “there is genuinely nothing to worry about for any business in this area”. Time will reveal whether that is the case.
If you require further information about anything covered in this briefing, please contact William Gubbins, Michael McDonnell or your usual contact at the firm on +44 (0)20 7526 6000.
This article is for general purpose and guidance only and does not constitute legal advice. It should not replace legal advice tailored to your specific circumstances.
