Employees are to have the right to request flexible working from day one of their employment.

On 11 December 2023 changes were made to the employee’s statutory right to request flexible working. From 6 April 2024 employees will be able to make a request for flexible working on the first day of their employment.

At present employees must have worked for the same employer for 26 weeks but from 6 April 2024 this is changing so that an employee can request flexible working from day one. This opens up this statutory right to all employees, so that more employees will potentially be able to benefit from flexible working.  

Joanne Briscoe, Associate Solicitor, says:

“Employers will need to update their flexible working policies to reflect this change.”

What is flexible working?

Flexible working is a way of working to suit the employee’s needs. This is a broad term that can include: home or hybrid working, part time or term time working, flexible working hours or working compressed hours.

It enables an employee to fit work with their other commitments, which could be dropping children to/from school, caring for a relative or studying.

From 6 April 2024 all employees will have the legal right to request flexible working under the Employment Rights Act 1996. This right is not limited to parents or carers.

 

How to request flexible working and respond to a request.

The process is started by the employee making a written request. This triggers a statutory process and the employer has to deal with the request in a “reasonable manner” and make a decision within 3 months of the request.

There are proposals to expand the right to request flexible working to allow employees the right to make two requests for flexible working in a 12-month period (currently employees can only make one request every 12 months) and to consult with the employee before rejecting their flexible working request.  It looks likely that these proposals will come into effect on the 6 April 2024 although no date has been set as yet.

Employees and employers should look at the ACAS website for guidance on the law on the statutory right to request flexible working, how to make a request and good practice advice on handling requests in a reasonable manner. ACAS are going to produce a new statutory code of practice on handling requests for flexible working next year once the new changes have been introduced.

It would be advisable for employers to have a flexible working policy in place so that employees could easily access guidance on how to make a request for flexible working and this would also provide guidance to managers on how to deal with such requests appropriately.

Joanne says:

“Flexible working is intended to enhance employee job satisfaction and contribute to a positive workplace culture, improved employee retention, and ultimately, the productivity and success of the business. In an era where work-life integration is increasingly valued, investing in flexible working policies is beneficial to both employers and employees”.

For further help and advice, please contact Joanne Briscoe, Associate Solicitor at Wilkes on 0121 733 8000 or via email at [email protected]. You can also contact any other member of the Employment Team on 0121 233 4333 or at [email protected].