From 6 April 2024, flexible working requests became a day-one right and the number of requests has doubled to two per year.

 

The request must be considered within two months and the employee must be consulted before the employer can refuse a request.

 

There is no longer a requirement for the employee to explain how the flexible arrangement will work.

 

There is also a revised ACAS Code of Practice on requests for flexible working which reflects the changes and supports employers and employees in relation to the new scheme.  When deciding complaints relating to the statutory scheme for flexible working, Employment Tribunals will be required to take into account the ACAS Code, where relevant.

 

Employment Rights Bills

 

It is also proposed, under the Employment Rights Bill, published on 10 October 2024 that other changes will take place to the law on requesting flexible working.

 

It is proposed that any refusal of a flexible working request by an employer, will still need to be from a list of specified grounds, as under the current law; however, the employer will also have to act reasonably in the manner in which it considers the request (as currently), as well as act reasonably in refusing the request, on the specified ground(s) which it states.

 

Where the employee’s request is refused, the employer will be required to explain in writing to the employee, the ground(s) for refusal and why it is reasonable to refuse the application on those ground(s).

 

The Government has not yet announced a date when changes outlined in the Employment Rights Bill will become law but it may not be until Autumn 2026.

 

If you would like to discuss any employment matter, please contact Julia Woodhouse on 01926 831231 or [email protected].

 

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

 

The above does not constitute legal advice.