Four important new changes to the right to request flexible working have already received Royal Assent and are likely to come into effect in 2024 but a date is yet to be confirmed.
The changes are as follows:
- Employees can make two flexible working requests in any 12-month period
Employers should view any request from an employee to change their terms and conditions or their working patterns as a flexible work request.
- Employers must consult with the employee BEFORE turning down their request for flexible working
The requirement to consult goes beyond simply considering an application. As part of the consultation process, there will be greater emphasis on the employer being able to demonstrate why the request has been turned down and on exploring alternatives to an employee’s request for flexible working.
- The response time for dealing with flexible working requests has been reduced to two months
Previously, the time frame for dealing with flexible working requests was 3 months; employers must now consult and respond to a flexible working request within 2 months of submission. An extension to this time can be mutually agreed upon if necessary. This means that employers have less time to consider a request and respond.
- Employees no longer have to set out the effects of their flexible working request or how their request may impact the business
This change is intended to make the submission of flexible working requests easier and shifts the responsibility on to the employer to consult with an employee about their request, as opposed to asking the employee to ‘justify’ their request at the point it is submitted. Employers can, of course, discuss the impact of the request on the business during consultation and explore other viable options with the employee.
As a reminder flexible working requests can be turned down for any of the following reasons:
- Extra costs that will damage the business.
- The work cannot be reorganised among other staff.
- People cannot be recruited to do the work.
- Flexible working will affect quality and performance.
- The business will not be able to meet customer demand.
- There’s a lack of work to do during the proposed working hours.
- The business is planning changes to the workforce.
Want to discuss how these proposed changes will impact your business? Contact the team today.