The Flexible Working (Amendment) Regulations (SI 2023/1328) remove the requirement for employees to have at least 26 weeks' service to be entitled to make a flexible working request. They come into force on 6 April 2024.
Meanwhile, under the Employment Relations (Flexible Working) Act 2023 the Employment Rights Act 1996 will be amended so that:
- An employee will no longer have to explain what effect, if any, they think their requested change will have and how this should be dealt with.
- An employee will be entitled to make two requests in any 12-month period.
- An employer won't be permitted to refuse a request unless the employee has been consulted with.
- The time for an employer to come to a decision on a request will be reduced from three to two months.
The government expects these provisions to come into force in July 2024, to give employers time to prepare. This means that the day one right to make a flexible working request will apply to the existing flexible working regime before the other changes come in.
Acas has announced that a final version of its updated statutory Code of Practice on handling requests for flexible working will be published in 2024. The updated Code, which follows on from a consultation in 2023, aims to strengthen good practice on flexible working and addresses upcoming changes to the flexible working regime.
