As of last week, the Employment Relations (Flexible Working) Bill reached royal assent – with the aim of providing employees with greater flexibility over where, when, and how they work, by recognising the evolving needs of the modern workforce. Whilst there is currently no specific date of implementation, it is expected to be around mid-2024, in order to give employers time to prepare for the changes.

So, what changes has this new bill passed?

1. Employees can now make two flexible working requests in a 12-month period – this is in comparison to before when they were only able to make one request in the same period – the reasoning behind this is the idea that employee circumstances can change considerably within 12 months.
2. Flexible working requests must now be dealt with by employers within two months of receipt – this was previously three months.
3. Employers are now unable to refuse a request until they have had a consultation with an employee – there is no requirement of what this consultation should include as a minimum.
4. Employees are no longer required to inform the employer of potential effects on the company of granting flexible working requests – they also do not need to outline what measures should be put in place to deal with said effects. This is to reduce the chances of indirect discrimination and unfair treatment, if one employee is unable to make as compelling of an argument as another may.

What aspects does the bill not cover?

1. Flexible working is still not a day one right – employees need to have 26 weeks of service to have the right to put in a flexible working request. Employers should still be aware that the government has committed to introducing secondary legislation, when Parliamentary time allows, to make the right to request flexible working a day one right – however no timeframe is indicated.
2. Employers are not required to offer a right of appeal upon rejection of an employee’s flexible working request – You should still always consider what best practice would be in this situation, would it benefit you to allow the right to appeal?
3. As previously stated, there is no minimum requirement for what a consultation should consist of, before an employer is able to refuse a request – however, the government supports an approach consistent with the Acas code of practice on handling flexible working requests, being that employers should discuss a request with the employee if they are considering rejecting it.

What should you be thinking about as an employer?

Whilst the points highlighted above outline the law surrounding flexible working requests, you should always be thinking about what is the best practice for you and your employees. For example, you may not be required to allow an appeal upon refusal of a flexible working request, but it would be best practice for you to do so from a people management perspective. Not only are employees more likely to accept a refusal if they have been given a chance to appeal, but it gives you the opportunity to identify any potential issues which may arise as a result early on, allowing you the opportunity to future-proof against related problems in the future.

When conducting consultations with your employees, you should ensure that you are following a fair statutory process, which may be outlined in your policy – this should be checked and amended as necessary to ensure that it complies with the new regulations.

If you’re worried about how these changes may affect you or your business, need help with policy drafting or advice on flexible working arrangements, please get in touch for a free initial consultation.