On 20 July 2023, the Employment Relations (Flexible Working) Bill received Royal Assent.
When it comes into force, on 6 April 2024, it will amend the current sections of the Employment Rights Act 1996, regarding flexible working requests (FWR).
The current rules have been in place since 30 June 2014 so it is important that we take stock of the changes that will come into effect on 6 April 2024.
What are the main changes?
The main changes are:
- The right to make a FWR becomes a day-one right. This means that employees, on their first day of employment, can make a FWR. This is a drastic reduction from the previous requirement that the employee be continuously employed for 26 weeks.
- The number of requests that can be made in a 12-month period will increase from one to two. However, the employee cannot make another FWR where there is currently an application “proceeding”. For ease, we suggest you read “proceeding” as “pending”.
- The length of time that you, as an employer, have to deal with the FWR will be reduced from three to two months. You will still be able to agree an increased timescale with the individual.
- The employee no longer needs to provide an explanation of what change it believes the FWR will have on the employer.
- You, as the employer, must consult with your employees before reaching a decision on the FWR.
What could you be doing now?
To ensure your business continues to operate smoothly handles FWR effectively and avoids the pesky claims that can arise from FWR, we suggest:
- Reviewing your FWR policy and updating it, ready for the 6 April 2024.
- Informing your managers (or those most likely to deal with FWR) of the changes coming, letting them have sight of the updated policy and training them on how it works.
- Ensuring the FWR policy is readily available to your managers (or those most likely to deal with FWR) so that they have the information they need to deal with FWR when they land.
For further assistance with any of the information contained in this article, please do not hesitate to contact the Bridge Employment Law team on 01904 949008, or email us at enquires@bridgeehr.co.uk.