A Day One Right for Requesting Flexible Working to Come into Force on 06 April 2024
In July 2023 we updated you on the long anticipated amendments to flexible working requests which were agreed and received Royal Assent on 20 July 2023. These are set to become law on 06 April 2024 and included amendments such as employees will be entitled to make two flexible working requests in a 12 month period opposed to the current law only allowing one. One point notably missing was whether this would become a day 1 right, something the proposed Act was silent on.
The Flexible Working (Amendment) Regulations 2023 has now been passed and will come into force in line with the other amendments on 06 April 2024 ensuring that the right to make a flexible working application applies when an employee begins work.
Currently there is a condition for an employee to have been continuously employed for 26 weeks before they can make a flexible working request application. This requirement will not apply for any applications made on or after 06 April 2024.
What are the changes on 06 April 2024?
- It becomes a Day 1 right to request flexible working.
- Employees can make two flexible working requests in a 12-month period.
- Requests need to be dealt with within two months.
- If you are considering refusing the request, you must consult with the employee beforehand; and
- Employees are no longer required to explain the effect their request might have on the Company and how this could be dealt with.
What does this mean for your business?
On or before 06 April 2024 you will need to make your managers aware of the changes to making a flexible working request and how this should be handled. Updated training sessions and memos are useful to ensure managers are up to date and given the opportunity to ask any questions.
Your flexible working policy will need to be reviewed and updated to reflect the changes in place and made available to all current and new employees.
How can we help?
Our Employment Law Team can review your flexible working policy in line with the changes and provide an up to date and legally compliant policy. We can also assist with any training requirements your Company might have.
If you have any questions about flexible working requests or if you have a query on another area of employment law, please contact the Employment Law Team.
Amy Hallam
Head of Employment
t: 0114 3496989
e: amy.hallam@brmlaw.co.uk
Ellie Leatherday
Associate
t: 01246 564002
e: ellie.leatherday@brmlaw.co.uk
Jade Taylor
Trainee Solicitor
t: 01246 560587
e: jade.taylor@brmlaw.co.uk
