The Employment Relations (Flexible Working) Act 2023 came into force on 6 April 2024, making significant changes to how flexible working requests are handled. These changes affect every UK employer.
Key Changes
- Day-one right — employees can now request flexible working from their first day of employment. Previously, they needed 26 weeks' service
- Two requests per year — employees can make up to two flexible working requests in any 12-month period (previously one)
- Faster response — employers must respond within 2 months (previously 3 months)
- No business case required — employees no longer need to explain the impact on the employer or suggest how to deal with it
- Consultation required — employers must consult with the employee before refusing a request
What Employers Must Do
- Update your staff handbook and flexible working policy to reflect the new rules
- Train managers on the new consultation requirement
- Set up a process to track and respond to requests within the 2-month deadline
- Consider each request on its merits — blanket refusals risk indirect discrimination claims
Grounds for Refusal
Employers can still refuse a request, but only on one of the eight statutory grounds. You must be able to evidence why the grounds apply to this specific request.
Types of Flexible Working
Flexible working covers more than just working from home. It includes compressed hours, hybrid working, part-time, job sharing, flexitime, annualised hours, and staggered hours.
Need to update your flexible working policy? Our contracts and handbooks service can help. Get in touch.