New legislation in the UK will give all employees the right to request flexible working from the very first day of employment. Following seven years of campaigning, the Flexible Working Bill has now reached Royal Assent.

Flexible working is a way of working that suits each employee’s needs, which means that executives and professionals with additional responsibilities (which, let’s be honest, is most of us) will be able to request to be able to work flexibly around those needs. For example; modified starting and finishing hours to be able to work around childcare or other caring commitments. With the societal construct of women being caregivers while men are the breadwinners, this is a positive step towards professional equality, enabling childcare-givers to maintain a full time job around their other commitments.

The current law states that employees, if not offered a flexible working contract, only have the right to request flexible working after 26 weeks in a job. Only one request can be made every 12 months, and employers can take three months to respond to the request.

Employees will now have the right to request flexible working from day one of employment, and employers will be required by law to discuss other options before fully rejecting a request. Flexible working could include non “core” working hours or days, working from different locations, or job sharing. People with caring responsibilities who have previously been unable to find full time employment will now have new means to do so, and the new law will also enable around 1.5 million low-paid workers in the UK to take on a second job if they need to.

A 2022 study showed that 76% of UK workers wanted flexible working hours to become the norm, so this new legislation — while not fully introducing a right to flexible working, is a step towards progress.

The welcome new step is largely thanks to the ‘Flex Appeal’ campaign by Anna Whitehouse, founder of Mother Pukka, and co-founder Matt Farquharson.

Here’s how it’ll work: “You will get two chances a year to put in a request (instead of one). Your employer will have to respond in two months (instead of the current vague ‘whenever suits’). They will have to consult with you if they decline. They will have to look you in the eye and tell you why it’s not possible to do your job around childcare responsibilities, around a disability, perhaps, around anxiety; around human needs.”

Opening up the talent pool

With every UK employer being legally obliged to consider requests for flexible working, companies that currently do so will no longer have a more attractive advantage to potential talent. Chief Member Melissa Quai Currie, a Dispute Resolution partner at Keystone Law, says that to recruit and retain talent, companies may wish to show that those who work flexibly can progress their careers in that organisation. “Flexible working has to come hand-in-hand with systems and technology that ensure the employee still feels connected and is a valued part of the company when they might not have that face-to-face office time.”

Offering flexible working no longer sets a business apart from its competitors, so the top table will have to increase efforts to promote company culture instead to attract the best talent. Businesses will need to demonstrate that they not only offer flexible working, but also treat flexible workers with the same respect and authority as non-flexible workers, without incurring any disadvantages.

“An organisation may provide flexible working but workplace culture is important,” says Currie. “Do organisations take employee wellbeing into account? Are they actively recruiting diverse employees? Do the systems and technology support flexible working? Do people feel they belong and that they can progress in their career no matter their particular characteristics or circumstances?”

While this upcoming legislation is undoubtedly a positive move towards equality, the law isn’t quite there yet. This new requirement will only demand that employers allow requests for flexible working options, rather than making it mandatory for businesses to provide policies.

Nevertheless, this is a step in the right direction which brings us all the more closer to flexible working becoming the norm, boosting career opportunities for professional women in the UK.

*Editor's Note: This article was updated on July 24, 2023.