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The Flexible Working (Amendment) Regulations 2023 sets out that employees will no longer be required to accrue 26 weeks’ of continuous service in order to make a request for flexible working. The right will apply from day 1 of employment, commencing from 6th April 2024 onwards.
In light of the new regulations, employees will also be entitled to make two flexible working requests per year. The old regime only permitted one request. Furthermore, employers will be required to respond to such requests within two months of receipt of the same. The old rules allowed employers a period of three months to determine their decision.
The new regulations also put a further onus on the employer to formally consult with the employee before accepting or rejecting the request.
The requirement for an employee to submit a request in writing remains in full force and effect and an employer is under no legal duty to consider a verbal or informal request under the regulations. However, employers need to be mindful of the fact that the new Regulations no longer require the employee to set out how their flexible working request may impact the employer. That is on the employer to investigate and ascertain, both positively and in some cases, negatively.
The eight statutory grounds on which an employer can reasonably and lawfully refuse a flexible working request remains in full force and effect, as does the employees’ right of appeal.
What do these changes mean for me as an employer?
Employers are advised to review their flexible working policies to ensure they are worded to reflect the rights under the new Regulations coming into effect on 6th April 2024.
There will be more onus on the employer to investigate and determine the flexible working arrangements and how they work best, or not, in the workplace. The flexible working policy should reflect this awareness and obligation on the employer, setting out its commitment to the same.
Employers should also remember that a flexible working request can only be turned down for one of the prescribed eight statutory reasons and that caution should be exercised that a refusal is not deemed discriminatory.
If you have any further questions or if you need any assistance with any other employment law topic, then please do not hesitate to get in touch with our employment law team who would be happy to assist you.
If you have any questions or need advice on Flexible working requests, please contact our employment team on 01827 317070 or employment@pickerings-solicitors.com
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The contents of this article are intended for general information purposes only and shall not be deemed to be or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
