EMPLOYMENT RELATIONS (Flexible Working) ACT 2023

Expected to come into force 6 April 2024

• 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 (and any appeal) within 2 months (instead of the current 3 months) and must consult with the employee before a request is rejected.

• The 8 current statutory grounds on which an employer can reasonably refuse a request for flexible working haven’t changed.

What do you need to do to prepare / consider?

1.  Update your existing FW policy to reflect above changes - before 6 April 2024.

2.  Read draft Code of Practice on requests for flexible working | Acas – gives guidance on ‘best practice’ when dealing with a FWR.

3.  Remember this is only a right to request, not to insist upon, a flexible working arrangement.

4.  Always consider whether there are any protected characteristics involved (such as sex or disability) when handling a flexible working request (as there will be an additional burden on the business to objectively justify turning down a request).

5.  Train managers to deal with these requests properly. Consideration should always be given to a trial period – if it doesn’t work, the business can then rely on clear data /evidence obtained during trial period, or to other alternative arrangements which may still provide the necessary flexibility for employee.