Starting April 6, 2024, employees will have enhanced rights when it comes to flexible working arrangements. Here’s what you need to know about the upcoming changes and how they may affect your business.
Right to request from Day 1
Currently employees can make an application for flexible working if they have worked for the same employer for at least 26 weeks. However, under new legislation (starting 6 April, 2024) all employees, regardless of their length of service, will have the right to request flexible working – making this a Day 1 right for all employees.
Flexible working is just one of a number of changes that are coming into effect on 6 April, with several other key changes to employment rights, including the new Carers’ Leave Regulations, further protection for pregnant women and new parents, and changes to paternity leave and pay.
Key points for employers
Employers should take note of several other aspects regarding the new legislation:
Statutory request for changes to contract: All employees will have a right to make a statutory request to make a permanent change to their contract from day 1 of employment – including asking for changes to how long, when and where they work.
Increased request allowance: Employees will be able to make two requests for flexible working in any 12 month period, rather than just one as is the current right.
Shorter decision timeline: Employers must respond to and reach a decision regarding flexible working requests within two months rather than the current three months.
Consultation requirement: As before, if an employer does not believe they can agree to the request they must consult with the employee before reaching a decision. An employer can only refuse a request for one of eight business reasons.
Navigating the changes
Employers should ensure that they fully understand the statutory right an employee has with regards to making a flexible working request, and how to manage them in accordance with the appropriate Acas code of practice.
If an employer handles a request poorly, there are a number of claims an employee may bring including a claim based on the statutory right to request, as well as claims of constructive dismissal, or sex discrimination.
