Flexible working day-one right

From 06 April, employees will be able to make a flexible working request from day one of their employment. The new right will apply to any requests made on or after 06 April.

As well as becoming a day-one right, the Employment Relations (Flexible Working) Act 2023 also makes the following changes effective from 06 April:

Number of requests per year – employees will be able to make up to two flexible working requests each year (instead of just one, as is currently the case).

Time limit – the time limit to deal with requests (and any appeals) is being reduced from three months to two. You can still extend this period with an employee’s express agreement.

Consult – you’ll need to consult with employees before rejecting a request, but the same eight statutory grounds for rejecting a request still apply.

Dealing with challenges – when making a request, employees will no longer be required to explain how any challenges resulting from their proposed flexible working arrangement should be dealt with.

Update your flexible working policy – you’ll need to update your flexible working policy and any other supporting documentation to include these changes (everything you need is on our Intelligent Employment platform). Ensure you’re managers are trained so they’re ready to deal with any requests from 06 April.

Don’t hesitate to get in touch if you need our guidance on implementing these changes or training your team!

This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.