Changes in Flexible Working Regulations

As of April 6, 2024, significant changes to flexible working regulations are set to impact both employees and business owners in England. Flexible working encompasses various work patterns, such as part-time, compressed hours, and remote work setups.

What are the changes to flexible working?

Previously, employees had to work for 26 consecutive weeks before making a flexible working request. However, employees will now be able to make flexible working requests from their first day of employment. Additionally the new regulations allow employees to make two requests instead of one within a 12-month period.

Employers must consult employees if a request is rejected, with the timescales shortened to two months from three months for making a decision on a request. Employees will no longer need to explain the potential business impact or offer solutions when making a request, however employers can still rely on the 8 fair reasons for refusing flexible working requests such as a negative effect on performance or quality or that the costs of implementing the change are too much. 

What impact will this have on flexible working?

With these changes, it is anticipated that there will be an increase in flexible working requests, necessitating training for managers to handle these requests lawfully. It is of course crucial for employers to review and update their current flexible working policies to comply with the new legal regulations.

While not all roles may be suitable for flexible working, it is advisable for employers to approach requests with an open mind, seeking ways to make it work and to adopt an efficient and empathetic approach to minimise the risk of any legal claims.

What if my flexible working request has been rejected on unlawful grounds?

If an employee believes their request has been rejected on unlawful or discriminatory grounds they should seek advice without delay. The time limit for bringing claims in the Employment Tribunal is just three months less one day from the date of the unlawful act.

How can Taylor Bracewell’s Employment Law team assist you?

To further assist with these changes, contact our team for advice on updating your staff handbooks, drafting flexible working request policies and providing training to managers on how to handle such requests effectively.

If you require assistance with this matter or any other employment matter as either an employee or employer please do not hesitate to get in touch with our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.