The Flexible Working (Amendment) Regulations 2023 have been put before Parliament and will see the removal of the requirement that an employee must have 26 weeks’ service to be able to make a request for flexible working. The change makes the right to request flexible working a Day One right.
This new right will come into effect for flexible working requests made on or after 6 April 2024.
This change to make flexible working requests a Day One entitlement will become law alongside earlier announced changes, which include:
-
- Employees will now be able to make two flexible working requests in any 12-month period
- Requests must be dealt with by employers within two months of receipt of a request if no extension is agreed
- Employers cannot refuse a request until they have consulted with the employee; however, it is not clear yet what that consultation must include
- Employees will no longer be required to explain what effect the employee thinks agreeing to the request would have and how any such effect might be dealt with.
What does that mean for employers?
It could be said that the impact of this legislation may be easier for larger firms to absorb, as many will have already introduced flexible working policies. However, it may take SMEs more time to adjust and understand how they can begin to introduce more flexibility into their organisation, if they haven’t already.
It is also worth remembering that not every business will be able to provide flexible working to employees. There are some roles where this is very difficult to achieve. Whilst this new legislation won’t force those businesses to introduce unworkable policies, there will be an onus on all employers to make their position very clear to both current staff and any potential new hires.
Having a robust flexible working policy in place is essential as is clear guidance on how to ensure effective and compliant management of flexible working requests.
For support with policy development or management of flexible working requests, Kingswood Group is on hand to help. Contact us today on 01245-204450 or on email info@kingswoodgroup.org
Gemma Todd
Head of HR Services & Projects
Gemma’s expertise lies in delivering high-quality HR solutions and handling complex employee relations. As a Chartered Fellow of the CIPD, Gemma specialises in employment law and workplace mediation.
