UK Update: Flexible Working: What are the Key Changes on the Horizon?

The Employment Relations (Flexible Working) Act 2023 (“the Act”) will introduce key changes to the flexible working regime from 6th April. Employers should update their policies to reflect these changes.

The Act will offer millions of employees across the UK enhanced opportunities to request flexible working. The timing coincides with the post-pandemic era where there has been a significant shift in attitudes and expectations when it comes to flexible working.

Whilst historically, most flexible working requests tended to come from female employees, there has been a growing interest from male employees and employees across a broader range of ages. Examples of flexible working include a change in working hours, a change in working pattern or a change to a place of work.

The Act will make some significant changes. Firstly, it will increase employees’ entitlement to request flexible working from one request to two requests in any 12-month period. The Act also reduces the three-month decision period which an employer has to consider a flexible working request to two months, unless an extension is agreed by both parties.

The Act will also remove the onerous requirement for employees to determine the impact that their flexible working request would have on their employer and how this impact could be mitigated. A further change requires an employer to consult the employee prior to refusing the request.

Separately, under The Flexible Working (Amendment) Regulations 2023, the right to make a flexible working request is to become a day one right and will apply to flexible working requests made on or after 6 April 2024. Currently, an employee is required to have at least 26 weeks service before they are entitled to make a flexible working request.

These changes are a further step forward when it comes to flexible working opportunities and the expectation is that it will bring positive outcomes for both employers and employees. However, some critics have commented that the Act’s provisions are limited and will not have significant impact as employers can still rely on the eight statutory grounds for refusing a flexible working request. The potential reasons for refusing a request include additional cost and a detrimental impact on quality or performance.

ACAS has also updated its Code of Practice in line with the new law to provide employers, employees and representatives with clear guidance as to how to manage flexible working requests. The updated Code of Practice aims to emphasise the need for employers to create an environment where requests are handled with an open mind and “meaningful dialogue”.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

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