From 6 April the laws around making a flexible working request have changed with the implementation of the Flexible Working (Amendment) Regulations 2023. This updated legislation has seen a number of amendments put in place that employers need to be aware of, so what are the key changes when it comes to dealing with flexible working requests?
When does an employee have the right to make a flexible working request?
Under the previous legislation employees had to have 26 weeks of service before they gained the right to make a flexible working request. With these amendments that service restriction has been removed and the right to make a flexible working request is now a day one employment right. This may seem slightly odd that on day one an employee can start a new role and instantly request a change. In all likelihood that won’t happen but employers need to be aware that by law it could.
Can an employee make multiple flexible working requests?
Until now employees could only make one flexible working request in a twelve month period. The new legislation has now increased the number of flexible working requests and employees are now entitled to make two flexible working requests in a 12 month period. It is important therefore that employers keep accurate records of the flexible working requests they receive so that employees do not make more requests than the law allows them to.
What are the timescales for dealing with a flexible working request?
Employers need to be conscious that they don’t now have as much time as they did before to deal with flexible working requests. Before the recent changes employers had three months in which to deal with a flexible working request. From 6 April 2024 that timescale has been shortened and for all new flexible requests from that date forward, employers will have to make a decision on the requests they receive within a maximum of two months from the date of the request being made. It is therefore important to have a process in place in order to deal with requests in a timely manner so that employees receive a formal response within the allocated time.
Does there need to be a meeting to discuss the request?
Yes. The new regulations mean that employers must consult with the employee who has made the flexible working request in order to decide if it will be accepted, rejected or if a trial or alternative will be offered. In addition, when making their request, employees will no longer be required to explain how they think any effect of their flexible working request could be dealt with by their employer.
If you have an existing flexible working policy it is important that you review and update it, if you don’t have a policy then it would be a wise move to put one in place as more and more employees look to achieve a greater work life balance by making these requests and it is vital that you have a fair and consistent process in place.
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Why not also check out our blog on a similar topic Is working from home here to stay?
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