The Employment Relations (Flexible Working) Act 2023

There will be a number of changes to flexible working arrangements in the workplace as the Employment Relations (Flexible Working) Act 2023 has completed its passage through Parliament and now awaits Royal Assent. 

The main changes are: 

• Employees will now be able to make two flexible working requests in any one 12 month period.
• Employers must deal with requests within two months of receipt of a request if no extension is agreed upon.
• Employers cannot refuse a request until they have ‘consulted’ with the employee (although there is no information on the minimum amount of ‘consultation’ necessary or what it needs to include).
• Employees will no longer have to explain what effect they think agreeing to the request would have on the employer, and how any such effect might be overcome. In practice, this requirement was rarely enforced.

It hasn’t changed the following:

• Employees still need to have 26 week’s service before they can make a request. The Government has indicated that it will create Day 1 employment rights through secondary legislation – although none has appeared as yet. 
• Employers do not need to offer a right of appeal if a flexible working request is rejected. The offer of a right of appeal is recommended in the ACAS Code of Practice on Flexible Working, but it has not been made a requirement of the process.
• There is no requirement that consultation with the employee is substantive or covers the options available. Indeed, there is no minimum standard of consultation set out at all.