Consultation on Modern Working

legal updates

At present only parents have the right to request a flexible working schedule if they have children under 17.

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Further to the proposed amendments to APL this consultation proposes to amend the following:

1)   Flexible working to be extended to all? 

At present only parents have the right to request a flexible working schedule if they have children under 17 (18 if have disabled). 

The proposals look to extend this to all employees as the government feels this will ‘better balance their work, family and wider responsibilities; and help employers to retain experienced and skilled staff’. 

The proposals also set out that requests may be made for a short period of time, and not, as under the current rules, a permanent change. This will allow employees who face a sudden change in their life circumstances to be accommodated for a period of 12 months.

2)   Working Time Regulation Amendments (WTR): due to changed implemented by new European Union case law, the government must amend elements of the WTR to comply with them. 

The changes will relate to the accrued annual leave of employees who have undertaken a prior period of sickness, maternity or related leave. The proposal seeks to allow employees to carry over any unused accrued holiday to the following holiday year. 

No date has been proposed for this implementation at present.

3)   Duty to Undertake Pay Audits:

The proposals will infer a duty on employment tribunals to order employers guilt of equal pay misdemeanours to undertake a pay audit to rectify any future issues. Employers can argue that this will not be productive, but it will be for tribunals to decide this.This proposal is aimed to reward good employers by not burdening them with enforced audits. No date has been proposed for this implementation at present. Lawgistics will keep you informed on the progress of this consultation.


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