Effective 6 April 2024, the Employment Relations (Flexible Working) Act 2023 has introduced significant changes to employees’ rights to request flexible working arrangements. These changes aim to enhance accessibility to flexible working options, constituting a “day-one” right for employees. The Act received Royal Assent in July of the preceding year, alongside other family-friendly rights expansions.
Key Amendments in 2024
1. Day-One Right: The Act removes the prerequisite of 26 weeks’ continuous service for
employees to formalise flexible working requests.
2. Increased Frequency: Employees can now submit two flexible working requests annually,
contrasting with the previous allowance of a single request.
3. Reduced Decision Time: Employers must now process flexible working requests within
two months, down from three, although an extension is permissible upon employee
agreement.
4. Consultation Mandate: Employers must engage in consultation with employees before
rejecting a request.
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5. No longer necessary to justify impact: The requirement for the employee to justify the
impact of proposed changes to their work arrangements has been eliminated.
Guidance for Employers
1. ACAS Code of Practice: ACAS has developed a Code of Practice detailing the handling of
flexible working requests –
www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests
2. Defining Flexible Working: Flexible working encompasses various arrangements tailored to
meet both employee and employer needs, spanning part-time, hybrid, and remote work,
among others.
3. Preparation Strategies: Employers should align existing policies with the law amendments,
particularly regarding the newly introduced day-one entitlement. Training for managers
on the revised rights and expedited decision-making processes would be advisable.
4. Reasons for Refusal: Employers may decline requests based on legitimate business
grounds, supported by substantive evidence.
5. Trial Periods: Offering trial periods facilitates the evaluation and adjustment of flexible
working arrangements, promoting mutual understanding and effectiveness.
A decision to reject a request must be for one or more of the following business reasons which are set out in the Employment Rights Act 1996:
- the burden of additional costs
- an inability to reorganise work amongst existing staff
- an inability to recruit additional staff
- a detrimental impact on quality
- a detrimental impact on performance
- a detrimental effect on the ability to meet customer demand
- insufficient work available for the periods the employee proposes to work
- planned structural changes to the employer’s business
If you have any queries about how these changes affect your business, please contact Lawgistics – 01480 455500 / [email protected]. We are here to assist you.
