Legislation Update: Employment Relations (Flexible Working) Act 2023

14th August 2023

The Employment Relations (Flexible Working) Act 2023 received Royal Assent on 20 July 2023. As we explained here this new legislation provides employees with additional rights when making a flexible working request. Previously employees were only able to make one flexible working request in any 12-month period but now employees can request two flexible working requests. In addition the employer’s timeframe to respond to a request has been reduced to two months.

When an employee is making a request, they are no longer required to explain the impact that flexible working request may have on their role and how it may be dealt with if the request is granted. These changes give the employee more freedom to make requests and place extra onus on the employer to consider each request without any reason.

Although the Government has expressed that the right to request flexible working would become a day-one right, this new legislation does not amend the current 26 weeks’ continuous service requirement. It may be that this change is made later by regulations.

Employers will need to ensure that they have updated their flexible working policy to reflect the new legislation. If you need advice on flexible working or require a flexible working time policy drafted, please contact James Howarth on 0161 838 8131 or email jameshowarth@kuits.com.

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