The Employment Relations (Flexible Working) Act 2023 aims to enhance flexibility for workers in the UK regarding where and when they work. Employers will be required to consult with employees before rejecting their flexible working requests. Employees will have the right to make two statutory requests within any 12-month period (instead of the current one request). Decision-making times for employers (administering the statutory request) will be reduced from three months to two months. The Act applies to millions of UK workers and is expected to come into force in the summer of 2024. Additionally, the day-one right to request flexible working will be implemented, allowing workers to request flexibility from the start of a new job. However, specific dates are yet to be confirmed by the government.
The Employment Relations (Flexible Working) Act 2023 outlines the following evidence requirements:
This Act applies to millions of UK workers and is expected to come into force in the summer of 2024. Additionally, the day-one right to request flexible working will be implemented, allowing workers to request flexibility from the start of a new job. Specific dates are yet to be confirmed by the government.
The exemptions to the Employment Relations (Flexible Working) Act 2023:
Remember that the right to make a flexible working request is not a “day one right.” Employees still need to have 26 weeks of service before they have the right to make a request. While a “day one right” may be introduced later through secondary legislation, it is not part of this Act.
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