What do I need to know about the new flexible working rights?

“Women are working more, men are understanding their value as caregivers, women are primary breadwinners—I mean, we could go on and on and on. Things are different. So we can’t keep operating like everything is the same, and that’s what many of us have done. And I think it’s up to us to change the conversation.”

– Michelle Obama

Since the introduction of the Employment Relations (Flexible Working) Act 2023, the UK’s flexible working landscape is set to undergo significant changes. This legislation, which received Royal Assent on 20 July 2023, amends the existing statutory flexible working regime and is expected to come into force in the summer of 2024 (Employment Law Watch, 2023).

What Changes Can Employers Expect?

  • Consultation Requirement: Employers must consult with employees before rejecting a flexible working request, a step up from the previous regime with no such obligation.
  • Increased Request Frequency: Employees can now make two flexible working requests within 12 months, doubling the current limit.
  • Faster Response Times: The period employers must respond to flexible working requests will be reduced from three to two months.
  • Day One Right: The government will introduce secondary legislation to grant employees the ‘day one’ right to request flexible working, abolishing the previous 26-week waiting period.

However, it’s crucial to note that the Act does not create an automatic right to work flexibly but maintains the right to request flexible working. The statutory grounds for refusing a flexible working request remain unchanged (People Management, 2023).

Grounds for Refusal 

The statutory grounds for refusing a flexible working request, as outlined by the UK Government and corroborated by the sources provided, include the following:

  1. The Burden of Additional Costs: Accepting the request would impose undue financial burdens on the business.
  2. Detrimental Effect on Ability to Meet Customer Demand: The change would negatively impact the business’s capacity to meet client or customer needs.
  3. Inability to Reorganise Work Among Existing Staff: If the business cannot redistribute work among current staff.
  4. Inability to Recruit Additional Staff: If the company would struggle to find new employees to fill the gaps created by the flexible working arrangement.
  5. Detrimental Impact on Quality: If the quality of the work or goods and services would suffer due to the request.
  6. Detrimental Impact on Performance: If there would be a negative effect on performance within the team or business as a whole.
  7. Insufficiency of Work During the Periods the Employee Proposes to Work: If there wasn’t enough work during the proposed working times.
  8. Planned Structural Changes: If the business has planned changes that might conflict with the requested working pattern.

These grounds provide a framework for employers to assess and respond to flexible working requests. It’s essential for employers to consider each request carefully and to be able to justify their decision if they need to refuse it based on these statutory reasons.

Practical Steps for Employers

  1. Prepare for Change: Review your flexible working practices and adjust them to comply with the new Act and forthcoming regulations.
  2. Manager Training: Ensure managers handling flexible working requests are well-versed in the new requirements.
  3. Policy Update: Update your flexible working policies to reflect the new ‘day one’ right and the need for consultation before refusal.

Expert Insights

The Chartered Institute of Personnel and Development (CIPD) has advocated for these changes. They recommend that employers proactively adapt to the new legislation by familiarising themselves with the guidance on managing flexible working requests (CIPD, 2023).

A Flexible Future 

The Employment Relations (Flexible Working) Act 2023 marks a pivotal shift towards greater flexibility in the UK workplace. Employers should act now to ensure they are ready for the changes in 2024. By embracing these changes, organisations can not only comply with the law but also benefit from the increased employee satisfaction and productivity that flexible working can bring.

Monster research shows a more Flexible Future is inevitable as workers demand more flexibility around if, when and how they work – employers that can meet their expectations have a better chance of attracting quality staff. Download our free guide to see how you can turn this to your advantage.