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Flexible Working Act 2023 | How to handle employee requests
The UK government announced proposals to change flexible working in 2021, which arrived as the Employment Relations (Flexible Working) Act 2023. To help your business understand what this means, our experienced team of UK employment law specialists is on hand to cover the key points and how to manage requests from employees.
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The key changes to UK flexible working rules
The Employment Relations (Flexible Working) Act 2023 introduces a series of changes affecting employees’ rights and your business obligations. These changes aim to enhance the flexibility and accessibility of work arrangements and make it easier for employees to request flexible working options, while imposing corresponding responsibilities on employers to consider and accommodate such requests in a fair and reasonable manner.
Under the Act, employees will:
- Be able to make two requests in any 12-month period, rather than one
- No longer be required to explain what effect, if any, the change they are requesting would have on the employer and how this might be dealt with
Additionally, you’ll be required to:
- Deal with a request within two months, rather than three
- Consult with the employee before rejecting their request
If you want instant support with this issue, our extensive flexible working resources for businesses will help you sort out your policies.
Will your business face a rise in requests?
Given the overwhelming amount of media attention the Act has received, it’s understandable you may be concerned about receiving an influx of requests and how this might impact their operations.
However, the reality is the Act is unlikely to make any major difference to how requests are handled. Fundamentally, the creation of a day one right to request flexible working, which will be many employers’ primary concern, isn’t included within the Act, despite the UK government indicating otherwise.
This change, to give employees the right to request flexible working from day one of employment, instead of having to wait until they have completed 26 weeks of service, is still planned.
What hasn't changed: legal grounds for refusal
Another reason why the Act might not be the monumental change it seems is that, from a purely legal perspective, you’ll still have the same powers to deny requests as they did before. There are eight specified reasons to refuse a flexible working request, and these remain unchanged.
Additionally, if an employee is dissatisfied with an employer’s decision, recourse to challenge it under flexible working legislation remains limited. They may be able to take your business to an employment tribunal for issues such as:
- Not dealing with a request in time
- Turning it down for reasons outside of the eight prescribed in the legislation
- Not dealing with the application in a reasonable manner
However, if you’ve done all of that and the employee is not happy with the outcome, there’s little they can do except follow your procedures for appealing.
If a dispute over flexible working did make its way to tribunal and the employee’s claim was to succeed, the maximum penalty is eight weeks’ pay, unless the employee has raised other claims. For example, indirect sex discrimination or constructive dismissal. This means the financial risk to your business for claims is relatively low.
Of the changes to the flexible working scheme being brought about, the two that are likely to impact you the most are the:
- Reduction in the timeframe for dealing with a request
- Right for employees to make two flexible working requests in any 12-month period, rather than one
Get instant support for your flexible working policies
From updating your policies and practices to helping you respond to requests in a reasonable manner and deal with any disputes that might arise along the way, our legal and HR experts can help you to manage flexible working with confidence an ensure compliance with the latest legislation.
For advice and support, get in touch with our team today on 0345 226 8393 or request your free consultation using the button below.
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