Changes to flexible working rights come into effect on 6 April 2024
Changes to the rules on flexible working have been confirmed to come into force on 6 April 2024.
All employees, regardless of their length of service, will have the right to request flexible working under the statutory provisions. The Flexible Working (Amendment) Regulations 2023, removes the requirement for an employee to have 26 weeks’ service, thus making it clear that flexible working will, for applications made on or after 6 April 2024, become a right from the first day of employment.
Additional changes in the Employment Relations (Flexible Working) Act 2023, and the Regulations bringing it into force, are:
- Employees can now make two (not one) flexible working requests in any 12-month period.
- Requests have to be dealt with by employers within two (not three) months of receipt of a request, if no extension is agreed.
- Employers are not able to refuse a request until they have ‘consulted’ with the employee.
- Employees will no longer have to explain in the application what effect the employee thinks agreeing to the request would have and how any such effect might be dealt with.
Flexible working can refer to working patterns or hours, including but not limited to job sharing, part time, compressed hours, flexi-time, staggered start and finish times. It can also refer to location, for example, working from home or hybrid working.
Acas has updated its Code of Practice on Flexible Working. The updated Code incorporates the legislative changes made with effect from 6 April 2024 and can be accessed here.
Additional rights to request more ‘predictable working’ for those whose working patterns lack certainty, are due to come into force in September 2024. While separate to flexible working requests, they will follow a similar framework. The changes to flexible working requests will apply in England, Wales and Scotland. The changes will coincide with amendments to other family-friendly rights such as enhanced redundancy protection to include pregnancy, and a period following maternity, adoption and shared parental leave, the introduction of carer’s leave, and changes to paternity leave.
Employers are advised to review their policies to ensure they incorporate the upcoming changes and inform/train staff accordingly.
For more help with flexible working rights, please contact the employment law team at Lennons – call 01494 773377.