The right to request flexible working has been a part of UK employment law for over 20 years. Significant changes were made to this law on 6 April 2024, aimed at simplifying the process and making it more accessible for employees. These reforms are encapsulated in the Employment Relations (Flexible Working) Act 2023, which received Royal Assent on 20 July 2023.
Key changes in the law
Day one right
One of the most notable changes is that employees can now make a flexible working request from the first day of their employment. Previously, employees needed 26 weeks of continuous service to be eligible.
Increased number of requests
Employees are now allowed to make up to two flexible working requests within any 12-month period, doubling the previous allowance. This change aims to provide greater flexibility and adaptability for employees.
Reduced decision period
Employers are now required to make a decision on a flexible working request within two months, down from the previous three-month period. This includes any appeals that may arise from the initial decision.
Removal of impact statement requirement
Employees are no longer required to explain the impact their flexible working request might have on the business and how it could be managed. This change simplifies the application process for employees.
What has stayed the same
Despite these changes, some aspects of the flexible working law remain unchanged. The right to request flexible working is still not a right to work flexibly. Employers can still refuse a request for one of eight business reasons, including additional costs, detrimental effect on customer demand, and inability to reorganise work among existing staff.
Best practices for employers
Policy updates
Employers should update their flexible working policies to reflect these changes. This includes amending template request forms and training managers on how to handle requests under the new rules.
Consultation and decision-making
Before rejecting a flexible working request, employers are now required to consult with the employee. This consultation should be documented, and the decision should be communicated in writing without unreasonable delay.
Handling appeals
While there is no statutory right of appeal, it is considered good practice to allow employees to appeal a decision. This can help in maintaining a positive work environment and reducing the risk of grievances.
Additional considerations
Legal risks
Employers should be aware of the legal risks associated with rejecting a flexible working request. These include potential claims of discrimination, particularly if the refusal disproportionately affects employees with protected characteristics under the Equality Act 2010.
Training and resources
Employers should consider providing training to HR teams and managers on the new rules and best practices for handling flexible working requests. This can help in ensuring compliance and reducing the risk of legal challenges.
Global mobility
For employers with a global workforce, additional considerations such as tax implications, data security, and health and safety regulations may apply. It is advisable to seek appropriate legal and tax advice to manage these risks effectively.
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