Changes to flexible working requests came effect from April 2024. The legislation included changes to employee rights for flexible working requests and the processes that employers need to follow.
2024 saw a great deal of change to employment law and we’ve left our employment law updates guide live so that you can make sure you haven’t missed anything.
1. Previous Rules Around Flexible Working Requests
Who was eligible?
Prior to the changes, an employee could put in a flexible working request to their employer when they had more than 26 weeks’ service .
What could a flexible working request cover?
A flexible working request could 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 were that employees could put in one flexible working request each 12 months.
What was the process for requesting flexible working?
The process for requesting flexible working was that the employee wrote to the employer making it clear that they were submitting a flexible working request.
They had to set out the flexibility they were looking for, when they would like it to start, how they thought the flexibility may impact the business and how that could be addressed and confirm whether they had made a previous request.
The employer then considered the request and would typically meet with the employee to discuss the request and ask any clarifying questions they had. The employer had 3 months to provide a decision.
Employers were required to give reasonable consideration to the request and there were legal grounds for rejecting the application. When a request was rejected, the employee had the right to appeal that decision.
2. What were made to the Flexible Working Request Legislation?
The Employment Relations (Flexible Working) Bill 2022-23 sets out the changes that were implemented.
The key changes were:
- The right to request flexible working is now a day one right. Employees no longer need to be employed for 26 weeks before they can submit a request.
- Employees are now able to submit two flexible working requests in a twelve-month period.
- Employers are now obliged to consult with employees before refusing a request. The legislation does not set out what that consultation should look like.
- Employees no longer need to explain in their application how their request could impact the business and how those impacts could be managed.
- Employers now have two months to provide a decision rather than three.
Acas have issued a new Code of Practice on handling requests for flexible working.
3. What employers need to do to comply with changes to Flexible Working Requests
You need 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 6th 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 535 5750.