Employment Relations (Flexible Working) Act 2023

When does it take effect?

This new law is expected to take effect from July 2024 but Regulations setting out the details and a new ACAS Code of Practice must first be published.

What do we need to know?

• From day one of employment, employees will be entitled to request flexible working (removing the current need for 6 months’ service before a request is made).
• Employees will be able to make 2 flexible working requests in any 12-month period provided they don’t have any outstanding applications.
• Employers must respond to a request within 2 months (instead of the current 3 months) and must consult with the employee before a request is rejected.
• The Government has said this will bring an estimated 2.2 million more employees in scope to make flexible working requests.
• ACAS is in the process of producing a new Code of Practice which will be key for employers when amending their existing flexible working policies to reflect the new right.

What do we need to do to prepare?

• This change comes at a time when many employers are asking employees to increase their time in the office. There may be a rise in flexible working requests as employees seek to formalise existing ad-hoc home/hybrid working arrangements that came about during the pandemic. Consider conducting an assessment of your own workforce to gauge whether you are likely to see more requests and, if so, what your strategy will be for dealing with them.
• Remember this is only a right to request, not to insist upon, a flexible working arrangement. Always consider whether there are any protected characteristics involved (such as sex or disability) when handling a flexible working request.

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