There is a new piece of legislation which is due to come into effect shortly regarding flexible working requests.

If you haven’t heard about this, you will need to prepare for it as there are likely to be some implications for employers to consider.

What are flexible working requests?

Before we identify the legal changes and what impact they will have it is first important to clarify what a flexible working request is and what their purpose is.

Flexible working requests enable an employee to submit a request to change their working arrangements on a temporary or permanent basis. Some examples of the type of requests that can be submitted include a reduction in working hours, a change to working patterns or working from home.

The purpose of these requests is to enable employees to review their working patterns and to be able to request adjustments that provide them with more flexibility to suit their circumstances. Some of the reasons people submit flexible working requests include managing childcare commitments i.e., school drop off / pick-ups, providing them with more time to focus on family and caring responsibilities, such as when returning to work following a period of maternity leave. Whatever the reason might be all employers have a duty to consider the request and see if they are able to accommodate it.

There are circumstances when it might not be reasonable or practicable to accommodate a request, but it should still be considered, and alternatives explored.

The process you should follow

The process is formal, so the employee needs to make their request in writing and provide details of the change they are requesting. The onus used to be on the employee to review the impact this could have on their work and the operational output of the business and suggest ways to alleviate this. Under the new legislation this will no longer be the case and employers should consider a request and not expect the employee to provide a business case for it.

Once you receive a written flexible working request you would arrange a meeting to discuss this with the employee in more detail. Employees can ask to bring either a work colleague or TU representative to the meeting with them, but this is not a legal right and is at your discretion to allow. A decision on whether the flexible working request can be approved or not will then need to be made. Currently a decision is required to be reached within 3 months of the initial request being submitted; however, the new legislation is proposing that this timescale is reduced to 2 months.

If the request is approved and it confirms a change to contractual terms and conditions, then you must confirm the changes in writing to the employee. Should the request be declined then the employee can ask to appeal the decision. This would be in situations where they feel the decision is unfair or wrong. As an employer you must apply the statutory guidance as employees will have the right to make a claim to the Employment Tribunal if they feel they have been treated unfairly and potential discrimination claims could occur.

What are the proposed changes?

The below information outlines the current position and the key changes that are being proposed.


Current Process

Proposed change to legislation

To make a formal statutory flexible working request an employee must have a minimum of 26 weeks service.
Employees can make 1 request within a 12-month period.
Employees are required to identify the potential impact the change to their working conditions could have on the business and propose solutions on how this might be remedied.
Employers must reach a decision within 3 months of receiving the Flexible Working Request.
There are 8 statutory reasons why an employer may reject a Flexible Working Request.
Employees will be entitled to make formal statutory flexible working requests from day 1 of employment.
Employees will be able to make 2 requests within a 12-month period except where 1 request is already outstanding.
There is no requirement for employees to put into writing any impact the change may have on the business or to propose solutions. This is to enable employees to have easier access to making flexible working requests.
The timeframe for employers to reach a decision on a flexible working request will be reduced to 2 months.
The 8 statutory reasons will remain the same, but the burden is on the employer to consult with the employee before rejecting their request.

What do these changes mean for you?

It is anticipated that these changes will come into effect from July 2024 and although this is still some way off employers should consider the changes and start to prepare for them to come into force.

Now is a good time to review your flexible working processes and policy and to ensure you are ready for flexible working requests being made. It is likely that the changes to the legislation will trigger an increase in Flexible Working Requests being made and one option could be to discuss such requests as part of your recruitment activities.

If you require any advice regarding your current Flexible Working Policy and process, then please contact us today for a no obligation chat.

info@thenurseryhrpeople.co.uk

01509 833121