The Employment Relations (Flexible Working) Act 2023 comes into force on 6 April 2024.
What are the changes?
There is no requirement for an employee to have 26 weeks continuous service before you can make a formal flexible working request. This is what is commonly known as "day one" right for all employees.
Employees will be able to make to flexible working request every 12 months which replaces the restriction of a single request.
The employer will have to respond to the request within two months. This can be extended with the employee's agreement.
The employer must consult with the employee before they can refuse a request.
When making the request an employee does not have to explain or justify the impact of the proposed change to the working arrangements.
Are you ready Employers?
You will need to review and amend your current policies and procedures.
Ensure that all staff are aware of the new rights, in particular there must be consultation with the employee makes the request.
If there is any doubt, a trial period to accommodate the flexible working request may be the answer to be able to make a final decision. However if the new working arrangements do not work in practice, there will need to be concrete evidence as to why it cannot be a permanent change.
Ensure that full records are kept to be able to provide evidence to support reasons given for refusal. There is a new ACAS code for dealing with requests for flexible working available by clicking the link below. PW-LA are here to help both employees and employers. https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/2024
(Posted 14.3.2024)
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