Does Your Flexible Working Policy Need Reviewing?
Friday 11th August 2023
The Employment Relations (Flexible Working) Act 2023 received Royal Assent on 20 July and it is now an Act of Parliament which could mean some of your policies will need updating in the near future when the Act comes into force.
What changes will the Act implement?
- Employees will be able to make two flexible working requests in any 12 month period – currently they are only able to make one request in any 12 month period.
- Flexible working requests will have to be dealt with by employers within 2 months of receipt of a request if no extension is agreed – currently they are required to provide a response to employees within 3 months of receipt of the request.
- Employers will be unable to refuse a flexible working request until they have ‘consulted’ with the employee (there is currently no guidance on what such consultation will entail) – currently employers are not obliged to discuss it with an employee, though it would always be best practice to do so.
- Employees will no longer have to explain within their application for a flexible working request, what effect they think the employer agreeing to the request would have and how any such effect might be dealt with – this is currently a requirement for employees when making a request.
How could this affect my business?
The new law is yet to take effect as guidance needs to be issued in respect of corresponding regulations and is not expected until April 2024. Until then, the law remains the same. However, employers should consider reviewing and updating their flexible working policies to reflect the new changes so they are ready to roll out as soon as the changes come into force. There are certain changes which it is anticipated will be covered in the guidance, such as:
- A right to appeal if a flexible working request is rejected.
- A set minimum standard of consultation.
