Legislation
Employment Relations (Flexible Working) Act
Date
Effective now
Summary
This Act came into force on 6th April 2024 and grants further flexibility to employees making flexible working requests.
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Following the changes in law, every employee now has the right to make a flexible working request from their first day of employment.
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Employees can make two flexible working requests within a 12-month period. Previously they could only make one request.
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Mandatory consultation between the employer and the employee making the request will be required and ACAS has revised its Code of Practice following a recent consultation. The new code was released alongside the law coming into force on 6 April 2024.
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Employers must make a decision and respond to flexible working requests within 2 months (whereas previously it was 3 months).
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Employees are not required to explain the impact (if any) that granting their request would have on the business.
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The statutory reasons for rejecting a request will remain.
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The right to flexible working requests extends to employed agency workers (with the required service) returning from a period of ordinary parental leave under the Maternity and Paternity Leave Regulations.
Although no right of appeal was afforded, employers are strongly recommended to allow one if a request is rejected. This should be dealt with by a more senior member of staff, with no prior involvement in the process.
Flexible working guide
The pandemic has undoubtedly altered the way many employers and employees think and feel about the traditional 9 to 5 in the office. Many companies have recently increased their flexible working offerings.…