Requesting flexible working

What has changed?

The Employment Relations (Flexible Working) Act makes amendments to the Employment Rights Act 1996 (“ERA”) and under the new legislation:

• Employers must consult with their employees before a flexible working request can be turned down;
• Employees can make two flexible working requests in any 12-month period -employees are currently only able to make one request in any 12-month period;
• Employers must respond to requests within two months (previously three) unless an extension is agreed and
• Employees are no longer required to lay out how a flexible working request might impact the employer/ business or how such effect could be minimised.

What has not changed?

Under the new legislation:

• Despite attempts to make this a day 1 right, an employee will only be able to make a flexible working request after 26 weeks employment; and
• Employers are not required to offer a right of appeal to employees whose request has been rejected, (despite this being recommended in the current Acas Code of Practice on flexible working).

Can employers reject a flexible working request?

Yes, an employer can refuse a request so long as it is for a ‘valid business reason’. There are eight statutory reasons for refusal, including matters such as the burden of additional costs or a detrimental impact on ability to meet customer demand.

Key takeaways

• Start preparing for this new process. Two months seems like a long time to complete an application process but in practice this is a tight timeline.
• Start reviewing your policies.

We will be hosting a Sharpe Minds webinar which will cover this and other changes in October 2023. If you wish to register for an invite to that session please email Jennie Koornhof on jkoornhof@sharpepritchard.co.uk

In the meantime, we are always happy to support you in providing practical guidance on flexible working requests.  Please contact Julie Bann (jbann@sharpepritchard.co.uk) if you have any further queries.