The UK government has announced changes to flexible working rights starting from 6 April 2024, allowing employees to request flexible working from their first day at a new job.
- Initially introduced in 2003 for working parents and carers, the scope of flexible working has gradually extended to encompass all employees after 26 weeks of service.
- The latest Employment Relations (Flexible Working) Act 2023 includes a significant amendment requiring employers to consult with employees before rejecting flexible working requests.
- Research indicates that flexible working contributes £37 billion annually to the UK economy, with an increase in remote working observed over the past year.
- Failure to adhere to the new guidelines could result in risks such as discrimination claims and financial penalties for employers.
Commencing on 6 April 2024, employees in the UK will gain the right to request flexible working arrangements from the outset of their employment, eliminating the previous prerequisite of 26 weeks of continuous service. This development marks a substantial shift aimed at fostering a more inclusive workforce.
The right to flexible working, originally established in 2003 for specific groups such as working parents and carers, has been progressively broadened. With the introduction of the Employment Relations (Flexible Working) Act 2023, all employees will now have the opportunity to make such requests from day one of employment.
Eleanor Rogers, a solicitor specialising in employment law at Furley Page, affirms that post-pandemic dynamics have rendered flexible working increasingly prevalent. It encompasses various formats including hybrid and agile working, adapting to when, where, and how roles are performed, such as through job-sharing.
The findings of a recent survey by Acas highlight a notable surge in staff working remotely, with 30% of employers observing this trend. Furthermore, flexible working is considered a vital economic driver, contributing an estimated £37 billion annually to the UK economy.
Within the new legislative framework, employers are mandated to engage in consultation with the employee prior to declining a request for flexible working. This requirement seeks to ensure that all potential options are explored, thereby minimising the risk of discrimination claims and financial repercussions.
The modified Acas Code of Practice underlines the necessity of adhering to the statutory process, cautioning employers about the risks of non-compliance. Notably, 55% of working parents in the UK are prepared to change jobs for improved flexibility, as emphasised by Working Families’ research.
A significant amendment includes reducing the decision-making period for requests from three months to two months, which can be extended by agreement. The statutory changes also eliminate the need for employees to outline potential impacts of their flexible working request on the employer and suggest mitigation strategies.
The upcoming changes in the UK’s flexible working laws represent a pivotal advancement in employment rights, underscoring the importance of adaptability in modern workforce management.
