Changes to flexible working legislation loom on the horizon

Coming into force on 6 April 2024 are changes to flexible working. Under the Act (Employment Relations (Flexible Working) Act 2023), all Employees will have the right to request flexible working from day one of employment (rather than after completing 26 weeks which is the current position).

Additionally, Employees will also be able to make 2 requests in any 12-month period, (a change from one), Employees will no longer have to explain the effect of the change, (a change from having to do so), and Finally, Employers will have to decide on a request within 2 months (a reduction from 3 months).

The significant changes are being introduced to make flexible working more accessible, and to remove barriers for doing so. It is worth noting that the reasons why as an Employer you can refuse a request remain unchanged.

We advise all Employers to have a flexible working policy in place to ensure that the correct process is followed when requests are made. For those already with a policy in place, we strongly urge you review and update it in time for the changes.

Understanding this change in the law, its implications, and how to effectively manage it within the workplace is essential for maintaining a supportive and compliant environment.

In our article we delve into the new law and how to manage this in the workplace.

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As an Employer how should I understand the changes to the law?

The significant changes are being introduced to make flexible working more accessible, and to remove barriers for doing so. It is worth noting that the reasons why as an Employer you can refuse a request remain unchanged.

We advise all Employers to have a flexible working policy in place to ensure that the correct process is followed when requests are made. For those already with a policy in place, we strongly urge you review and update it in time for the changes.

The changes are in relation to; the Employment Relations (Flexible Working) Act 2023 and are effective as of 6 April 2204.

Who can apply to work flexibly?

Under the Act (Employment Relations (Flexible Working) Act 2023), all Employees will have the right to request flexible working from day one of employment (rather than after completing 26 weeks which is the current position).

Additionally, Employees will also be able to make 2 requests in any 12-month period, (a change from one), Employees will no longer have to explain the effect of the change, (a change from having to do so), and finally, Employers will have to decide on a request within 2 months (a reduction from 3 months).

What are the implications for you as the Employer?

As an Employer you must be aware of your obligations under changes in legislation. We advise all Employers to have a flexible working policy in place to ensure that the correct process is followed when requests are made. For those already with a policy in place, we strongly urge you review and update it in time for the changes on 6 April 2024.

Understanding this change in the law, its implications, and how to effectively manage it within the workplace is essential for maintaining a supportive and compliant environment.

How should I manage the changes?

To effectively manage this brought about by the changes to flexible working as an Employer you should:

• educate yourself and your teams about the law, its changes and its implications
• review existing policies and procedures to ensure they are compliant with the new legislation
• communicate openly with Employees about their rights and entitlements
• implement flexible working arrangements and reasonable adjustments to support Employees in the workplace
• provide access to resources and support networks for Employees

As an Employer what policies should you implement?

To create a supportive and inclusive workplace for Employees , as an Employer you should consider implementing the following policies:

• Flexible Working Policy: you should establish guidelines for flexible working arrangements, including remote working, adjusted hours, and job sharing options
• Equality and Diversity Policy: you should ensure all Employees are treated fairly and without discrimination, including those who wish to work flexibly
• Employee Support Program: you should provide access to support services, such as counselling, mentoring, and peer support groups

Are there other ways I can make improvements?

As an Employer you can further enhance your support by regularly reviewing and evaluating their policies and practices. This may involve seeking feedback from Employees, monitoring the effectiveness of existing initiatives, and making adjustments as needed to better meet the needs of your Employees in the workplace.

In conclusion

The change to legislation presents both challenges and opportunities for Employers in the UK. By understanding the legislation, proactively managing the changes, and implementing supportive policies and practices, as an Employer you can create a workplace culture that values and supports everyone, ultimately benefiting both Employees and your company as a whole.

How can we help you?

We can help you with your query relating to the changes to the  law, we are a team of highly experienced HR Consultants who can manage and assist you in any capacity, we have the relevant skills and knowledge to support you, we can work with you on a retained basis or for any length of time, why not contact us for a confidential no obligation chat. 0333 006 9489 or email us at [email protected]

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