Employment Relations (Flexible Working) Act

This Act came into force on 6th April 2024 and grants further flexibility to employees making flexible working requests. 

• Following the changes in law, every employee now has the right to make a flexible working request from their first day of employment.

• Employees can make two flexible working requests within a 12-month period. Previously they could only make one request.

• Mandatory consultation between the employer and the employee making the request will be required and ACAS has revised its Code of Practice following a recent consultation. The new code was released alongside the law coming into force on 6 April 2024.

• Employers must make a decision and respond to flexible working requests within 2 months (whereas previously it was 3 months).

• Employees are not required to explain the impact (if any) that granting their request would have on the business.

• The statutory reasons for rejecting a request will remain.

• The right to flexible working requests extends to employed agency workers (with the required service) returning from a period of ordinary parental leave under the Maternity and Paternity Leave Regulations.

Although no right of appeal was afforded, employers are strongly recommended to allow one if a request is rejected. This should be dealt with by a more senior member of staff, with no prior involvement in the process.