Is Your Organisation Ready For The Changes To Flexible Working?

• Published date: 05 September 2023
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations
• Law Firm: Michelmores
• Author: Rachael Lloyd

In July 2023, The Employment Relations (Flexible Working) Act 2023 ('the Act') received Royal Assent. The Act is expected to come into force in the summer of 2024 - around a year after it received Royal Assent - in order to give employers time to prepare and adapt.

What are the key changes to be introduced?

1. Number of requests - employees will be able to make two requests (increased from one request in the current legislation) in any 12-month period.
2. No requirement for employee to explain the impact of their request - the Act will remove the requirement for an employee to explain how they think their flexible working request will impact the employer, and how they suggest this impact is minimised.
3. Compulsory consultation - employers must consult with an employee before rejecting their request.
4. Timing of decision - employers must provide a response within two months of the request (reduced from three months in the current legislation) unless a longer time period is agreed by both parties in writing.

The change which has been grabbing headlines - that the right to request flexible working will become a 'day 1' right - will not be introduced by the Act. However, the government has indicated that it will introduce secondary legislation which will remove the current requirement to have 26 weeks' continuous employment before making a request. It is not yet clear when this might be enacted.

Will there be additional guidance for employers?

Acas is currently consulting on an updated statutory Code of Practice on flexible working arrangements. Acknowledging that there has been a significant change in perception of flexible working (due, in part, to the change in ways of working and the Covid-19 pandemic), coupled with the changes to be introduced by the Act, the aim is to bring the Code of Practice in line with current best practice and ensure it is relevant and helpful for today's workplaces. The updated Code seeks to encourage a more positive approach to flexible working, with an emphasis on fostering an environment in which requests are not rejected by default without open-minded consideration and meaningful dialogue. The consultation is open until 6 September 2023.

What can employers be doing now to help prepare for the changes?

Within the next year, it would be sensible to carry out the following:

• Review policies - start reviewing your current flexible working policy or look at introducing one if you don't yet have a policy in place. You may wish to set out a...