There was a lot of chatter earlier in the year about Flexible Working becoming a day one right and it may come as a surprise that the Employment Relations (Flexible Working) Act 2023 (the “Act”), does not include this right.
The Act is awaiting Royal Assent, once Royal Assent is given the Act will come into force. At present we do not have any anticipated date for the Act coming into force.
So, what changes are expected to come into force, as a result of the Act?
- Employees will be able to make two flexible working requests in any 12 month period.
- Requests will now have to be dealt with within 2 months of receipt of a request, if no extension is agreed.
- Employers will not be able to refuse a request until a ‘consultation’ with the employee has taken place.
- The Employee when making a request for flexible working will not have to explain what effect they think agreeing the request would have and how any effect might be dealt with.
What does the Act not set out?
- As set out above, there is no day one right to make a flexible working request. The requirement to have worked 26 week’s before being able to make such a request, remains. However, the Government have indicated that it will create it as a day 1 employment right through secondary legislation, however, this secondary legislation has not been created yet.
- It does not require employers to offer a right of appeal, if the request is rejected. However, note that the offer of a right of appeal is recommended in the ACAS Code.
- There is no requirement that the consultation with the employee must be substantive and nothing in the act sets out that a minimum standard of consultation be met.
Note: This legislation has not come into force yet, until it does come into force the current legislation applies.