On 20th July 2023 the Employment Relations (Flexible Working) Act 2023 aka The Flexible Working Bill received Royal Assent resulting in proposed changes in the way a flexible working request by an employee should be handled by an employer.
The July Bill did not include the hoped for provision to have the right to request flexible working as a day one right, removing the 26 weeks continuous service qualification period. This has since been remedied under the Flexible Working (Amendment) Regulations 2023 which went to parliament on 11th December when the day one right to request flexible working was approved, thus removing the need for an employee to have 26 weeks continuous service before they could make a request to work flexibly. It is hoped this will open more meaningful conversations in recruitment processes about flexible working, rather than getting to an offer and a request being a surprise, or getting to 26 weeks and having to change ways of working.
Both the changes approved by The Flexible Working Bill and the Flexible Working Amendment come into effect for flexible working requests received on or after 6th April 2024.
The key changes that will take effect are.
The simple answer is yes it can. The longer answer is yes, but there are some things you need to consider.
If someone has made two statutory requests within a 12 month period already, then you can decline to consider a further request (unless they qualify as disabled).
If someone makes their statutory requests within a 12 month period then you need to give it careful and meaningful consideration, weighing up the benefits to the employee and the business against any impact that granting the request would have on the business and colleagues.
Employers could grant the request in full or in part, or may refuse it. The employer may also propose changes to the request for the employee to consider which could include putting a trial period in place or consulting over and discussing alternative approaches if what is proposed doesn’t quite work in principle.
If an employer declines a request, they need to explain why in writing and will rely on one or more of the following reasons:
If a request is rejected the employee will have the option to appeal the decision.
In the meantime, don’t forget that failure to follow the statutory obligations and therefore breach the flexible working regulations could result in a compensatory award of a maximum of 8 weeks’ pay (£5,600), effective 6th April 2024, and this would be without any other awards as a result of any discriminatory claims made to the employment tribunals.
If you need any help with updating your Flexible Working Policy, Procedure and forms, then get in touch, Metro HR would be happy to help.
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