Navigating the Upcoming Changes to the Employment Relations (Flexible Working) Act 2023

As legal professionals, it’s essential to stay ahead of legislative changes to provide the best advice to our clients. One significant amendment on the horizon is the Employment Relations (Flexible Working) Act 2023 (“the Act”).

The Act, which comes in to force on or after the 6th April 2024, is set to change the framework for how Employers and Employees approach working arrangements, encouraging discussions concerning flexibility in the workplace.

Understanding the Act:

Whilst the Act does not grant an absolute right for the Employee to work flexibly, it aims to encourage discussion between Employee and Employer as to the best way to approach working flexibly and seeks to make it easier for the Employee to make a flexible working request. This includes provisions for remote work, flexible hours, and alternative work patterns, following a change in working habits following the Covid- 19 pandemic.

Implications for Employers:

For Employers, adapting to the changes brought by the Act requires careful consideration and proactive measures. Firstly, understanding the legal obligations outlined in the Act is paramount. This includes ensuring compliance with statutory requirements regarding flexible working requests and maintaining transparency in the decision-making process.

Arguably the biggest change to be implemented by the Act is that it provides a ‘day one right’ for the Employee to make a flexible working request (previously 26 weeks service was required). Further, the burden is no longer on the Employee to explain the impact that such a request would have upon the Employer generally.

Further changes include that a total of 2 requests (rather than 1 which was the position previously) can now be made by the Employee in a 12 month period and the Employer cannot simply refuse a request without consultation with the Employee.

Employers must also assess their current policies and practices to align them with the new legislative framework. This may involve revising Employee handbooks, updating contracts, and implementing training programs to educate managers and staff on the rights and responsibilities under the Act.

Moreover, fostering a culture that embraces flexibility and values Employee well-being is crucial. Employers should strive to create an inclusive environment where Employees feel empowered to request flexible arrangements without fear of reprisal.

Navigating Potential Challenges:

Whilst the Act presents opportunities for both Employers and Employees, it also poses certain challenges. One potential issue is the need to balance the interests of Employers with the rights of Employees. Employers may encounter difficulties in accommodating flexible working requests while ensuring operational efficiency and meeting business objectives. Furthermore, disputes may arise regarding the interpretation and implementation of the Act, requiring legal expertise to resolve.

Our Employment Law team can help businesses navigate these changes effectively, ensuring compliance with the law while fostering positive working environments. By staying informed, proactive, and collaborative, we can support our clients in embracing the opportunities presented by this landmark legislation.

For advice on dealing with flexible working requests, implementing a flexible working policy or general advice on how to prepare for these forthcoming changes, please call our Employment Team on (01455) 637030 or enquiries@ldjsolicitors.co.uk.