On 25 March 2024, the Employment Relations (Flexible Working) Act 2023 (Commencement) Regulations 2024 were made bringing s 1 Employment Relations (Flexible Working) Act 2023 (see FC Feature 20 July 2023) into force on 6 April 2024.
S 1 amends the flexible working provisions in Part 8A Employment Rights Act 1996 with effect from 6 April 2024 to:
- allow employees to make a second statutory flexible working request in any 12-month period provided that no existing request is pending;
- bring forward the deadline for employers' decisions on such requests from three months to two;
- remove the requirement that employees' requests must explain (i) what effect the changes would have on their employers; and (ii) how those effects might be dealt with; and
- require employers to consult the employee before they may reject a flexible working request.
The Regulations follow the Flexible Working (Amendment) Regulations 2023 which were made in December 2023 (see FC Feature 11 December 2023) and amend the Flexible Working Regulations 2014 with effect from 6 April 2024 to give employees the right to make a request for flexible working from day one of their employment (see Flexible working, Q&A here).
Also on 25 March 2024, the Code of Practice (Requests for Flexible Working) Order 2024 was made, bringing Statutory Guidance: Revised ACAS code of practice on requests for flexible working into effect at the same time as the Act (see FC Feature 11 January 2024). The Code of Practice is intended to provide practical guidance on the flexible working provisions in the ERA 1996 and the Flexible Working Regulations 2014 (as respectively amended).
For more information on the flexible working regime generally, see Flexible working.
First published on the Employment News Service on 2 April 2024.
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