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ARTICLE · 26 JULY 2023

Flexible Working — An Update

Weightmans LLP
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Weightmans LLP

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In this article we review the new legislation of the The Employment Relations Act 2023 and the recent consultation on handling flexible working…

United KingdomEmployment and HR
Sejal Raja
Sejal Raja

In this article we review the new legislation of the The Employment Relations Act 2023 and the recent consultation on handling flexible working.

The Employment Relations (Flexible Working) Act 2023 (the Act) has completed its passage through parliament and awaits Royal Assent.

The new legislation will:

  • Allow employees to make two flexible working requests in any 12 month period;
  • Requires employers to respond to requests within 2 months rather than 3 months.
  • Employees no longer have to set out the impact that this request will have on the role; and
  • Employers will have to consult with employee before rejecting the request.

Surprisingly, it had been envisaged that the right to request flexible working would be a day 1 right however the Act is silent on this, nor does it provide for the right of an appeal.

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