The Question:
Are the current provisions on an employee requesting flexible working arrangements to change?
The Answer:
The Employment Relations (Flexible Working) Act 2023, that is awaiting Royal assent and likely to become law possibly by next year, will allow an employee to make two flexible working requests in any 12 month period with no need to explain to the employer the effect the request would have on the business and for the employer to address matters within 2 months of the receipt of the request rather than the current 3 months unless an extension is agreed and before refusing any request, the employer must have consulted with the employee.
It is unclear if the request is a day one right as originally intended and secondary legislation may be needed to implement this change.
The Act makes no reference to any appeal, but it is generally perceived as good practice to do so. Employers are still able to turn down requests based on business reasons and await further guidance from the Government, maybe by way of regulations, if the current employer objections to any request will remain or be changed.
The Risk/Threat:
Currently, The Employment Rights Act 1996 provides protection where an employee suffers a detriment or is dismissed because they have made or proposed to make a statutory flexible working request and employees who are unreasonably refused a request may, depending on the facts of their case, have a claim for indirect sex discrimination where say a request was made for child care responsibilities and it is likely such provisions will still apply to the new changes.
What do you need to do?
Review your flexible working policies in readiness for the new changes.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 0116 274 9193.
