Employees will soon be given greater access to flexible working arrangements thanks to the Employment Relations (Flexible Working) Act 2023. The legislation applies in England, Wales and Scotland, since Northern Ireland has devolved powers to set its own employment law policies.

Whilst this legislation was passed last summer, the first change will apply from 6 April 2024. From that date employees will have the right to request flexible working arrangements from the first day of their employment. Under current rules such requests can only be made once an employee has been in post for 26 weeks.

Other measures covered by the Act, but not yet in force, include:

• Allowing employees to make two requests for flexible working arrangements in any 12 month period (increased from one in the same timescale currently).

• Reducing the amount of time employers have to consider an application for flexible working from three months to two.

• Obliging employers to consult with the employee before their flexible working request can be refused.

• Removing the requirement for employees to include in their flexible working application an explanation of the impact their request might have on their employer, and how that impact could be managed.

No implementation dates are yet known for these measures, but the Government has indicated that the necessary secondary legislation to bring them into effect could be in place later this year.

This article reflects the position at the date of publication (16 January 2024). If you are reading this at a later date you are advised to check that that position has not changed in the time since. 

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