Changes To Flexible Work Request Rights In The Offing

The Employment Relations (Flexible Working) Bill received Royal Assent on 20 July 2023. It requires regulations to be implemented, but once in force will:

• allow employees to make two (rather than one) flexible working requests in any 12 month period (but there can only be one live application at a time),
• require employers to consult before refusing a request,
• require employers to make their decision within two rather than three months (unless an extension is agreed), and
• remove the requirement that the employee must explain in the statutory request what effect the change would have on the employer and how that might be dealt with.

Currently the right is subject to a 26 week service requirement. The Act does not include an amendment to make this a 'day one' right but it is understood that the Government intends to implement this change in the regulations.