What are the new flexible working rules for 2024?
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The rules about flexible working requests are changing in April 2024.
The rules about flexible working requests are changing in April 2024, meaning employees will be able to ask to work flexibly from day one of their employment and make 2 requests a year. The process employers have to follow is also changing.
We’ve got some other blogs on this topic – links at the bottom, as we want you to read this one first!
Are flexible working rights changing?
Yes. There’s no longer a requirement for employees to have 26 weeks’ employment before they become entitled to make a flexible working request. Employees will also be able to make two requests in 12 months – so if their first request is refused, they can have another try rather than having to wait a year before doing so.
Employees also won’t have to explain how the employer will be impacted by their request. Employers have a shorter time to consider a request, and still have to fall within one or more of the set statutory reasons to refuse.
Is flexible working a day one right?
Yes, from April 2024, employees can make a flexible working request from day one of their employment.
How many flexible working requests can you make in 12 months?
Under the new regime, employees can make two flexible working requests in a 12-month period. This means that if the first request is refused, employees can have another try, with another suggestion, within 12 months. It could also be used if the first request is granted, but the employee wants to request to change it within 12 months.
When can an employer refuse flexible working?
There are 8 set reasons why an employer can refuse flexible working requests and these aren’t changing with the new regime:
- The burden of additional costs.
- Detrimental effect on ability to meet customer demand.
- Inability to reorganise work among existing staff.
- Inability to recruit additional staff.
- Detrimental impact on quality.
- Detrimental impact on performance.
- Insufficiency of work during the periods the employee proposes to work.
- Planned structural changes.
How do you apply for flexible working?
Under the statutory procedure, employees just need to write to the employer to ask for a flexible working arrangement. The employer considers the request – employers will have to make a decision within 2 months.
If the employer is going to agree to the request, they just need to issue a new contract setting out the new arrangements.
If the employer isn’t immediately going to agree, they need to consult with the employee. The best way to do this, according to the new Acas Code of Practice, is to invite the employee to a consultation meeting. It’s certainly best for employers to find out as much as possible before refusing a request. For instance, it’s a good idea to establish whether a request is being made because of a disability, and may therefore be a reasonable adjustment for the purposes of disability discrimination.
Given the requirement for consultation, it’s also a good idea if the employer and employee genuinely try to reach a compromise, and a trial period might also help.
What is an example of a flexible working arrangement?
Flexible working arrangements mean anything other than the particular employer’s “normal”. This can commonly include altered start/finish times, compressed hours, working part-time, job sharing, working from home or any location away from the main office… the options are limited only by an individual’s imagination.
How do I ask for flexible working?
Have a look at the Acas Code of Practice, and get in touch if you’d like help with writing your request.
Of course, there are roles where flexible working just won’t work – that’s why the reasons to refuse are there. However, the new regime does try to get the parties to talk to each other if the proposed arrangements aren’t something the employer can immediately agree.
If we assume that grievances and claims generally arise only where a request is refused, then arguably, this is good for both parties. The employee has a chance to finesse their request to make it harder for the employer to refuse, and the employer has a chance to show that it’s done all it can to reach a compromise before finding itself within one of the set reasons to refuse.
That might sound a bit cynical – I prefer pragmatic.
Further information
You can find our blog from last summer on the then-newly announced changes.
View the challenges and benefits of flexible working.
View our flexible working home page.
Employment law solicitor
If you need more help with the subjects covered here then do reach out to our expert employment law solicitors. You can speak to our employment solicitors online at employment@Qlaw.co.uk or call us on 03300 020 863.
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