“Flexible working” didn’t show up in legislation until 2003 when the Right to Request Flexible Working gave working parents of children aged under six (or of children with disabilities aged under 18) the right to apply to work flexibly and required employers to consider applications seriously. This right was extended to all employees with 26 weeks’ continuous service in 2014.
Employment Relations (Flexible Working) Act 2023 will come into effect in April 2024 and will enhance the existing right for employees to request flexible working arrangements.
“Flexible working” didn’t show up in legislation until 2003 when the Right to Request Flexible Working gave working parents of children aged under six (or of children with disabilities aged under 18) the right to apply to work flexibly and required employers to consider applications seriously. This right was extended to all employees with 26 weeks’ continuous service in 2014.
Employment Relations (Flexible Working) Act 2023 will come into effect in April 2024 and will enhance the existing right for employees to request flexible working arrangements.
Below we highlight the key changes to the legislation that you need to be aware of:
Change #1 – Day One Right to Request Flexible working.
Employees will be able to request flexible working arrangements from day one of employment, rather than after 26 weeks of employment. This may result in new employees starting and making a request on day one of employment! Even after all of the time you have spent on recruitment.
Change # 2 – Two requests per 12-month period.
Employees will now be able to make two requests for flexible working in a 12-month period, the current limit is one request per 12-month period (not a calendar year). This change gives better flexibility to cope with life changes your employee may be experiencing. The limit does include request that have been refused.
Change # 3 – Respond to requests within two months.
Employers will also need to decide on the flexible working request within two months instead of the three months currently. This cuts the time permitted by a third. The two months does include the appeal as well.
Change #4 – Removal of the requirement for employee to set out the effect of their request.
Unlike the current system, employees will no longer have to justify or explain how their request will affect the organisation. This makes it easier to make a request from the start of employment. However, you will be meeting with your employee so you can discuss this with them as they will have the best insight into their own role.
Below we highlight the key changes to the legislation that you need to be aware of:
Change #1 – Day One Right to Request Flexible working.
Employees will be able to request flexible working arrangements from day one of employment, rather than after 26 weeks of employment. This may result in new employees starting and making a request on day one of employment! Even after all of the time you have spent on recruitment.
Change # 2 – Two requests per 12-month period.
Employees will now be able to make two requests for flexible working in a 12-month period, the current limit is one request per 12-month period (not a calendar year). This change gives better flexibility to cope with life changes your employee may be experiencing. The limit does include request that have been refused.
Change # 3 – Respond to requests within two months.
Employers will also need to decide on the flexible working request within two months instead of the three months currently. This cuts the time permitted by a third. The two months does include the appeal as well.
Change #4 – Removal of the requirement for employee to set out the effect of their request.
Unlike the current system, employees will no longer have to justify or explain how their request will affect the organisation. This makes it easier to make a request from the start of employment. However, you will be meeting with your employee so you can discuss this with them as they will have the best insight into their own role.
What’s not changing:
Please note that you will still need to consult with the employee after they receive a request. There have been tribunal cases where employers have lost as they haven’t followed the whole request process. Don’t get caught out.
Employers will need to consider and discuss the alternatives solutions with the employee. However, the employer can still refuse the request after consultation with the employee.
The employee still has the ability to make a claim to the Employment Tribunal if the request is not dealt with within the specified timeframe.
The employee still has the ability to make a claim to the Employment Tribunal if the employer refuses the request based on incorrect facts.
The reasons why a request can be declined have not changed. Which include:
- extra costs that will damage the business.
- the work cannot be reorganised among other staff.
- people cannot be recruited to do the work.
- flexible working will affect quality and performance.
- the business will not be able to meet customer demand
- there’s a lack of work to do during the proposed working times
- the business is planning changes to the workforce
What’s not changing:
Please note that you will still need to consult with the employee after they receive a request. There have been tribunal cases where employers have lost as they haven’t followed the whole request process. Don’t get caught out.
Employers will need to consider and discuss the alternatives solutions with the employee. However, the employer can still refuse the request after consultation with the employee.
The employee still has the ability to make a claim to the Employment Tribunal if the request is not dealt with within the specified timeframe.
The employee still has the ability to make a claim to the Employment Tribunal if the employer refuses the request based on incorrect facts.
The reasons why a request can be declined have not changed. Which include:
- extra costs that will damage the business.
- the work cannot be reorganised among other staff.
- people cannot be recruited to do the work.
- flexible working will affect quality and performance.
- the business will not be able to meet customer demand
- there’s a lack of work to do during the proposed working times
- the business is planning changes to the workforce
What does this all mean for employers?
There is the potential for more flexible working requests to come from employees and much earlier in their employment. The previous arrangement was that employees needed 26 weeks of service before making a request.
Due to the change from three months to two months for the process to be completed you will need to have a quicker turnaround on dealing with the flexible working request.
Employers cannot rely on the changes requested by the employee remaining the same for 12 months with the ability for employees now being able to submit two requests in a 12-month period.
Employers will have to put more thought into possible effects of the request and how to manage them. As well as making more effort into trying to find a compromise.
What does this all mean for employers?
There is the potential for more flexible working requests to come from employees and much earlier in their employment. The previous arrangement was that employees needed 26 weeks of service before making a request.
Due to the change from three months to two months for the process to be completed you will need to have a quicker turnaround on dealing with the flexible working request.
Employers cannot rely on the changes requested by the employee remaining the same for 12 months with the ability for employees now being able to submit two requests in a 12-month period.
Employers will have to put more thought into possible effects of the request and how to manage them. As well as making more effort into trying to find a compromise.
What do you need to do? (we’re here to help and support!)
We can support you in reviewing any flexible working requests, making sure you follow this statutory process, provide response letters and identify what documentation needs to be changed (i.e. your policies).
We can support you to train managers who deal with requests in the new rules following an update to the legislation.
We can support you and your managers making sure they are knowledgably about roles within the organisation to be able to make decisions on whether a request can be approved.
We can support you throughout the recruitment process to ensure that you are not asking questions regarding flexible working requests which could land you in an employment tribunal situation!
For further information, check out our blog ‘Embracing Flexibility: The Power of Flexible Working Arrangements’.
What do you need to do? (we’re here to help and support!)
We can support you in reviewing any flexible working requests, making sure you follow this statutory process, provide response letters and identify what documentation needs to be changed (i.e. your policies).
We can support you to train managers who deal with requests in the new rules following an update to the legislation.
We can support you and your managers making sure they are knowledgably about roles within the organisation to be able to make decisions on whether a request can be approved.
We can support you throughout the recruitment process to ensure that you are not asking questions regarding flexible working requests which could land you in an employment tribunal situation!
For further information, check out our blog ‘Embracing Flexibility: The Power of Flexible Working Arrangements’.
Navigating Employment Law can be daunting but here at F&B HR we have you covered. Let us review your contracts, policies and handbooks to make sure they are legally compliant. We can also offer bespoke training for your teams on the upcoming changes.
Don’t forget to check out our Blog on other legislative changes coming this year!
If you need some people advice, get in touch with us
Navigating Employment Law can be daunting but here at F&B HR we have you covered. Let us review your contracts, policies and handbooks to make sure they are legally compliant. We can also offer bespoke training for your teams on the upcoming changes.
Don’t forget to check out our Blog on other legislative changes coming this year!
If you need some people advice, get in touch with us!
