Changes to Flexible Working Legislation: What do you need to know?
The Flexible Working Act 2023 marks a significant change in employment law in the UK, and reflects the evolving nature of the workplace, where flexibility is increasingly seen as essential for promoting work-life balance, to improve productivity.
One of the most notable changes brought about by the 2023 Act is the introduction of the right to make a flexible working request from day one of employment. Previously, employees had to have 26 weeks of continuous service with their employer before they were eligible to make such a request. The new legislation eliminates this waiting period, allowing employees to request flexible working arrangements from the first day of their employment.
Another significant change is the increase in the number of flexible working requests an employee can make in a 12-month period. Under the previous regulations, employees were limited to making just one request per year. The 2023 act allows employees to make two requests annually. This change gives employees more opportunities to adapt their working arrangements as their circumstances change, such as following the birth of a child, changes in health, or other personal commitments.
The timeframe for employers to respond to flexible working requests has also been reduced to two months, rather than the previous three-month period. This change is designed to expedite the decision-making process, ensuring that employees receive timely responses and can make necessary adjustments to their work arrangements without undue delay.
The 2023 act also removes the requirement for employees to explain the potential effects of their flexible working request on the business. The focus has shifted to the employer’s responsibility to assess the request based on its merits and business’s ability to accommodate the changes.
In addition to the above, the 2023 Act introduces a consultation requirement for employers. Before rejecting a flexible working request, employers must now consult with the employee to discuss the request and explore possible arrangements. This ensures a more collaborative approach, fostering better communication between employers and employees, and ensuring that decisions are made transparently and fairly.
Types of Flexible Working Arrangements
The Flexible Working Act 2023 recognises that flexibility can take many forms. Some of the most common types of flexible working arrangements include:
Part-time work: Reducing working hours to less than the standard full-time hours.
Job sharing: Two employees share the duties and responsibilities of a single full-time role.
Remote working: Working from home or another location outside the primary workplace.
Flexible hours: Adjusting start and finish times to better suit personal or family needs.
Compressed hours: Working the same number of hours over fewer days.
The 2023 Act has the potential to significantly impact both employees and employers. For employees, the ability to request flexible working from day one offers greater autonomy over their work-life balance. This can lead to increased job satisfaction, improved mental health, and reduced stress levels. It is especially beneficial for those with caregiving responsibilities, disabilities, or long commutes, who may find traditional working arrangements challenging.
For employers, embracing flexible working can enhance employee retention, reduce absences, and attract a more diverse workforce. By accommodating the needs of their employees, businesses can benefit from a more motivated and engaged workforce, which can ultimately lead to increased productivity and better overall performance.
If you need assistance navigating these changes, please contact our Employment Team on 0333 577 2250 or employment@leedsday.co.uk.