Flexible working changes: employment law update 2024

The new flexible working changes came into force on 6 April 2024 when the Employment Relations (Flexible Working) Act became law. 

What has changed? 

1. Individuals can make a flexible working request from day one of employment. 
2. They can make two (not one) flexible working requests in a 12-month period. 
3. Employers must make a decision about the request within 2 months (previously three months). 
4. Employers must consult employees as part of the process and before a decision is made to reject a request. 
5. Employees no longer have to explain the effect their request could have on the business and how it could be accommodated. 

What hasn’t changed? 

The reasons a request can be refused remain: 

• Additional costs that may damage the business 
• Being unable to reorganise work among existing staff 
• Being unable to recruit for the work 
• Detrimental effect on the business's ability to meet customer demand 
• A detrimental impact on quality 
• A detrimental impact on performance 
• Insufficient work during the proposed working times 
• Planned structural changes. 

Whilst these grounds are broad, there remains a risk, which is often overlooked, of employees challenging refusals as they think they are discriminatory in some way. It remains important to have clear evidence to support any refusal. 

What should you do next? 

• Review all relevant policies and update to reflect the changes. 
• Train staff who could receive requests (including those dealing with induction procedures). Ensure they are aware of the changes and updated policies, especially to the timescale. 
• Review any live and upcoming job vacancies and adverts. Addressing flexibility during the recruitment process could minimise the risk of applications in the early stages of employment. 

How can we help? 

We can provide a new policy or review and update your existing policies. We can also offer training to your staff or support you in reaching a decision if a request has been received.  
 
If you are an employer and have any questions or concerns about how to prepare for these legal updates, please contact the BLHR and employment team, and we will be happy to assist you.