Changes to Flexible Working Requests in April 2024

Who is eligible?

At the moment, an employee can put in a flexible working request to their employer when they have more than 26 weeks’ service .

What can a flexible working request cover?

A flexible working request can cover

• changes to start and finish times,
• changes to work locations or
• part-time working requests.

How many flexible working requests can an employee make?

The rules prior to changes for 2024 are that employees can put in one flexible working request each 12 months.

What is the process for requesting flexible working?

The process for requesting flexible working is currently that the employee writes to the employer making it clear that they are submitting a flexible working request.

They set out the flexibility they are looking for, when they would like it to start, how they think the flexibility may impact the business and how that could be addressed and confirm whether they have made a previous request.

The employer then considers the request and will typically meet with the employee to discuss the request and ask any clarifying questions they have. The employer has 3 months to provide a decision.

Employers are required to give reasonable consideration to the request and there are legal grounds for rejecting the application. When a request is rejected, the employee has the right to appeal that decision.

The Employment Relations (Flexible Working) Bill 2022-23 sets out the changes that are being implemented. 

The key changes are:

• The right to request flexible working will be a day one right so employees will no longer need to be employed for 26 weeks before they can submit a request.
• Employees will be able to submit two flexible working requests in a twelve-month period.
• Employers are obliged to consult with employees before refusing a request
  • The legislation does not set out what that consultation should look like.
• Employees will no longer need to explain in their application how their request could impact the business and how those impacts could be managed.
• Employers will now have two months to provide a decision rather than three.

Acas will be issuing a new Code of Practice on handling requests for flexible working.  This is currently only in draft form, but it is a document you should familiarise yourself with and take into consideration when updating your policies.

Now would be a good time for you to get your policy up-to-date so that it reflects the changes.  The changes apply to any requests that are submitted on or after 6^th April 2024.

If you’d like any support in updating your policy then do reach out by either completing the form below or calling us on 0203 146 8770.