Right to request flexible working to become a day one right

The Flexible Working (Amendment) Regulations 2023 are due to come into force on 6th April 2024. The regulations amend the Flexible Working Regulations 2014 so that the right to make a flexible working application becomes a day one right. Employees applying for flexible working before 6th April will still be required to have 26 weeks’ continuous employment to make a request.

The other flexible working reforms contained in the Act do not yet have a commencement order. When they do come into force the reforms will:

• Allow employees to make two flexible working applications every 12 months currently they can only make one.
• Remove the requirement for employees to explain what effect they think their flexible working request will have on the employer.
• Require employers to consult with the employee before refusing their flexible working application.
• Require employers to respond to flexible working requests within 2 months.

Credit: Paul Chamberlain of JMW Solicitors LLP/REC