Requesting flexible working
The Employment Relations (Flexible Working) Act 2023 has received Royal Assent. Julie Bann and Francesca Gallagher look at the key provisions.
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 This email address is being protected from spambots. You need JavaScript enabled to view it.
In the meantime, we are always happy to support you in providing practical guidance on flexible working requests. Please contact Julie Bann (This email address is being protected from spambots. You need JavaScript enabled to view it.) if you have any further queries.
