Right To Flexible Working Extended To All Employees
The right to request flexible working is set to widen again from 6 April 2024, when employees will be able to request flexible working from their first day in a new job.
Flexible working was first introduced in 2003 for working parents and carers. Over time the right has been extended to all employees after 26 weeks’ continuous service.
A new survey from Acas has found that 30% of employers have seen an increase in staff working from home in the last 12 months alone. It is estimated that flexible working contributes £37 billion annually to the UK economy. *
Eleanor Rogers, a Solicitor in Furley Page’s employment law team, said: “Post-pandemic, flexible working is far more common and takes many forms including hybrid and agile working. Flexibility includes when and where employees work and how roles are performed, such as by job-sharing.
“The Acas Code of Practice states that the default position should no longer be to reject requests and employers must follow the statutory process or risk discrimination claims, financial penalties and damage to recruitment and retention. For example, Working Families’ research shows that 55% of working parents in the UK would consider leaving their job for another role that offered better flexibility. **
“From 6 April 2024, the right to request will become a ‘day-one’ right, meaning employees no longer have to wait until they have six months’ service with an employer before being eligible to make a request.”
The new Employment Relations (Flexible Working) Act 2023 will introduce other changes that are also expected to take effect from 6 April 2024, including new requirements for employers to consult with the employee before rejecting their flexible working request, reduced waiting times for decisions to be made, and an end to the need for the employee to explain what effect the change would have on the employer and how that effect might be mitigated. The Acas Code of Practice on handling flexible working requests and accompanying Guidance, have been revised in line with the new legislation.
Here is a summary of the changes, at a glance:
| Requirement | Current position | Change |
| Service requirement | 26 weeks/6 months’ service as an employee. Right to request only | From day one of employment as an employee. Right to request only |
| Frequency of requests | One request per year allowed | Two requests per year allowed (unless the first application is still being considered) |
| Time to respond to requests | Three months | Two months. Can extend but only if agreed by the parties |
| Content of requests | Employees must explain the potential impact of their flexible working request on their employer and how to mitigate this | No requirement |
| Rejecting a request – consult | No requirement to consult | Employers are required to “consult” with the employee before a request can be decided, to explore all available options and reasons for rejection |
Employees can bring a claim at an Employment Tribunal for failure to follow the process. If a refusal can be shown to be a discriminatory act, there is the risk of uncapped compensation, and if the request relates to an employee’s disability, a refusal could be a failure to make a reasonable adjustment under the Equality Act 2010.
Not every employer will agree with Acas’ enthusiasm for flexible working, but not following the process and missing any potential discrimination can lead to risks of Tribunal claims and employee disengagement. Furley Page’s Employment Team can provide you with a suitable policy to ensure your processes are up to date and help you minimise the risks.
For more information please contact Eleanor Rogers in the Employment Team on 01227 763939 or email er@furleypage.co.uk. For information about Furley Page visit www.furleypage.co.uk. You can also follow the firm on LinkedIn and X (formerly Twitter) @furleypage
