Legislation update: Flexible working requests
We previously summarised the (then) proposed reforms to flexible working requests in our February 2023 edition. The legislation has now successfully completed all parliamentary stages, although an implementation date is yet to be confirmed. In this update we recap on the key changes to plan for.
Number of requests
An employee will be able to make two (rather than one) flexible working requests within a 12-month period.
Employer response time (months)
Employers will have to respond to a flexible working request within two months (down from three months).
Consultation
Before an employer refuses a flexible working request, it must consult with the employee first. There is no further detail in the legislation on what this entails, but ACAS is currently consulting on an updated Code of Practice for dealing with flexible working requests - which provides more colour on what consultation means in practice.
Removal of requirement for employee to explain effects
The current requirement for employees to set out how the effects of their flexible working request might be dealt with by the employer will be removed once the new legislation is in force.
Proposals that didn't make it into the final legislation
We previously reported that the right to make a flexible working request would become a 'day one' right rather than having to wait 26 weeks. This proposal did not make it into the final legislation, although that may be an area to watch.
Practical takeaways
- In practice, many employers will want to review their flexible working policies to align with many (if not all) of these proposals now rather than waiting for the legislation to come into force.
- Employers should also consider reviewing and updating flexible working policies to align with the proposed new ACAS Code of Practice.
