Flexible working – a new ‘day one’ right

The Flexible Working (Amendment) Regulations 2023  came  into effect on6 April 2024, which create a right for employees to request flexible working from day one of employment. 

The term ‘flexible working’ applies broadly and covers working hours, location and shift patterns. It is estimated that these changes will extend the right to request flexible working to approximately 2.2 million more employees. 

This article highlights these changes and advises on next steps for employers.

What are the changes?

Under the new regulations, the right to request flexible working will now apply irrespective of the employees’ length of service and can be requested on the first day of employment. Previously, workers had to be employed for a minimum of 26 weeks before making such a request.

These regulations sit within the context of the wider changes to flexible working that are contained within the Employment Regulations (Flexible Working) Act 2023 (‘2023 Act’’). These include:

• A requirement for an employer to consult with an employee before rejecting a flexible working request.
• The right to make two requests within a 12 month period instead of the single request currently allowed.
• Employers will have two months to respond to a request instead of the three months currently allowed. As before, this can be extended by agreement. 

These changes also came into effect on 6 April 2024 and apply to any flexible working requests made on or after this date. 

Next steps for employers

It is important that internal policies relating to flexible working are updated by employers to remove the requirement for 26 weeks’ service for any new flexible working requests made on or after 6 April 2024. 

A survey undertaken by the Advisory, Conciliation and Arbitration Service in December 2023 found that 7 out of 10 employees were currently not aware of the changes being introduced. Therefore, it will be important for employers to ensure that line managers are briefed as to the scope and impact of the changes.

In light of these changes, employers will want to update current policies to remove the requirement for 26 weeks’ service and implement the changes within the 2023 Act. This includes the right to make two requests for flexible working within a 12 month period, a requirement to consult with an employee before rejecting a request and the need to respond to a request within two months, unless this has been extended by agreement.

For more information, please contact Kirsten Currer.