Legislation passed amending flexible working rights

Last reviewed 26th July 2023

After 26 weeks’ employment, employees have the right to request flexible working, for example asking to change their working days, hours or place of work.

Parliament has just passed the Employment Relations (Flexible Working) Act 2023.  When it comes into force (which could be no later than August 2024) it will make various changes to the current law around the right to request flexible working:

• Employees will no longer have to include (with their application) information on the potential detrimental effect of their application;
• Before refusing a request, employers will have to consult with employees;
• Two requests will be permitted within a 12 month period (it is currently only 1);
• The time limit for dealing with a request will reduce from 3 months to 2 (although extensions can be agreed)

Employees will still have to have 26 weeks’ employment in order to have the right to make the request, and there will be no change to the limited permitted reasons for rejecting a request.

Our Employment Pack includes a flexible working policy based on the law as it currently stands.  When the new law comes into force, an updated policy will be available and those on our premium service will receive complimentary copies.