On the 6th April 2024, the right to request flexible working from the start of your employment (day 1) came into force due to amendments made to the Flexible Working (Amendment) Regulations 2023.

The legislation gained Royal Assent in July 2023 as Kevin Hollinrake, the business and trade minister, backed the measure for a “happier workforce”, believing a happier workforce increases productivity.

Flexible working is a term which encompasses any changes to the conventional 9-5, desk/office based working style.  It could also include adaptions to where someone works, to limit their commuting, be a change to an employee’s hours of work, be staggered hours or even job sharing.  The term first came into effect in the early 2000s when parents of children under the age of 6 and carers of those under the age of 18 could ask for flexible working arrangements, however, since the COVID-19 pandemic, flexible working has increased substantially requiring updates to legislation governing these arrangements.

Previously, employees were required to complete 26 weeks’ continuous employment before they were eligible to make a flexible working request.

Further reforms to the legislation are also expected to be commenced on this date, although a commencement order is still awaited to confirm this.  These reforms include:

  • Allowing employees to make two flexible working applications every 12 months
  • Removal of the requirement for employees to explain what effect they think their flexible working request will have on the employer
  • Require employers to consult with the employee before refusing their flexible working application
  • Require employers to respond to flexible working requests within 2 months

The changes to the legislation will benefit millions of people, including those living will illness or disability, helping people to have better access to employment, as well as a happier and more manageable work-life balance.  It will give people more say and opportunity in where and how they work.  Companies will also benefit, being able to recruit from a much wider talent pool, without having to be limited to recruiting from areas only within a certain distance of the office in which the employee would usually be based.

It will be important for employers to review their current flexible working procedures and make necessary adjustments to ensure that they are compliant with the Employment Relations (Flexible Working) Act 2023.  Employers should also update their staff on these changes and provide training to managers who deal with these requests.

Need further advice?

If you are an employer and would like further advice on how the changes to the legislation affect your business, or perhaps you are an employee concerned about how the changes will affect your current flexible working arrangement.  Please contact FJG on 01245 890110