Changes to the right to request flexible working

5th April 2024

Changes to the right to request flexible working

Tomorrow section 1 of the Employment Relations (Flexible Working) Act 2023 will come into force, introducing some changes to the statutory regime for request flexible working.

The key changes are:

  • The right will apply to all employees from day one of employment
  • Employees will no longer have to state, in their request, what effect (if any) the requested change would have and how it might be dealt with
  • There will be an express requirement for employers to consult with employees about their request (unless they simply intend to accept it)
  • The decision period for considering the request and notifying the employee of the decision will be reduced to two months, although the parties will still be able to agree an extension to this.
  • Employees will no longer be limited to one request every 12 months, but will be able to make a second one, provided that the first one isn’t proceeding at the time.

Acas has updated its Code of Practice and guidance on flexible working.

If you have a flexible working policy, you will need to update it in line with the changes. If you need help with this, or you would like a policy, please contact the employment team [email protected]

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