Context
The Flexible Working Bill has been granted Royal Assent, and has been set in Statute as the Employment Relations (Flexible Working) Act 2023. The Act makes provision in relation to the right of employees and other workers to request variations to particular terms and conditions of employment, including working hours, times and locations (‘flexible working’).
Key points to note
What is the impact of the Act?
- Employees are now able to make two flexible working requests in any 12-month period (rather than one);
- Employers must respond to flexible working requests within two months of receipt rather than three months;
- Employers cannot refuse the request unless they have first ‘consulted’ with the employee; and
- Employees no longer need to explain the effect of any flexible working request and how to mitigate that effect.
What is not included in the Act?
- Despite speculation that the Act would grant employees a ‘day-one’ right to request flexible working (so from the day they start working for the employer), this is not included in the Act. Therefore, employees currently still need 26 weeks’ service before they can make a flexible working request;
- There is no definition of what is meant by a requirement to consult employees, which creates some uncertainty for employers; and
- The Act does not provide a right of appeal if a flexible working request is rejected. An employer may choose to allow an appeal and the ACAS Code of Practice on flexible working (which is the subject of a Consultation to update certain elements as a result of the new Act) recommends that an appeal is offered.
Next actions
None – for information and awareness. Our Group Insurance HR Consultancy, IHRS, can assist firms who may need advice and guidance in relation to HR issues.