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Department for Business and Trade (DBT) Issues a Call for Evidence on Non-statutory Flexible Working

on Friday, 28 July 2023.

The DBT call for evidence on non-statutory flexible working follows the enactment of the Employment Relations (Flexible Working) Act and the recently opened ACAS consultation on a new draft code of practice.

Background

The DBT describes non-statutory flexible working as any flexible work arrangement agreed outside the statutory framework. It has launched a call for evidence to understand how non-statutory flexible working arrangements are being used in practice. It says this will inform its approach and strategy on flexible working.

The DBT has acknowledged that informal or non-statutory flexible working (for example, an agreement between an employee and a manager) can benefit individuals and businesses alike. The DBT has said that they wish to explore this further through the call for evidence.

Call for Evidence

The call for evidence is split into the following sections:

  • Ad-hoc arrangements: In this section, participants are encouraged to share their experiences with "occasional, time-limited, and irregular in nature" flexible work arrangements. The purpose is to delve into the motivations behind individuals seeking such flexibility and the underlying reasons why employers choose to offer it. Additionally, this section seeks to uncover any barriers that may hinder the widespread adoption of ad-hoc arrangements in the workplace;
  • Regular arrangements: The second section concentrates on understanding the prevalence of "regular, recurring and/or standardised" flexible working arrangements. Participants are invited to shed light on the types of flexible working options regularly provided by employers. Moreover, this section seeks to determine the basis on which these arrangements are agreed upon, including whether they are established through contractual or non-contractual agreements;
  • Organisational approaches: This section delves into the organisational policies that govern flexible working practices. Contributors to the call for evidence are encouraged to share their perspectives on how support is provided to managers in implementing and managing flexible working policies effectively. Furthermore, this section aims to explore the strategies employed by businesses in monitoring and evaluating the success of their approach to flexible working.

The call for evidence will remain open until 7 November 2023 and employers can respond here.


For more information or advice on non-statutory flexible working, please contact Amaya Hobby in our Employment team on 0117 314 5640, or complete the form below.

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