April brings a wave of changes to family friendly rights. Many come into effect in the first week of the month. Amongst these, are changes to the Flexible Working Regulations which were implemented on the 6th April 2024 and aim to open up flexible working to more employees.

What is Flexible Working and why is it so popular?

Flexible working encompasses a wide range of different working patterns. These include part time, term time only, compressed hours, homeworking, hybrid working and job sharing. In fact, any work pattern which moves away from the traditional 9-5 model, could be classed as flexible working.

The way in which we worked changed dramatically during the pandemic with the need for flexible working remaining after restrictions were lifted. Employees want a better work/life balance. Employers should try to accommodate this with flexible working to remain attractive by retaining talent and staying competitive.

Amendments to the Flexible Working Regulations

  1. Employees can submit a request from day 1 – Employees no longer have to wait 26 weeks before making a Flexible Working request.
  2. Employers must process requests quicker – The time frame of 3 months for employers to respond has been reduced to 2 months.
  3. Employees can submit more requests – The law now allows 2 requests per year rather than just the 1 request.
  4. Employers must state reasons for rejection – Employees no longer have to justify the impact of the request on their role or how it will affect the workplace. However, employers must engage in consultation before refusing a request, along with an explanation.

How do employers need to respond?

  • To comply with the new regulations, employers need to up date their policies and handbooks with these changes.
  • These amendments should be communicated internally with all members of staff.
  • Any management training opportunities should be identified to ensure flexible working requests are dealt with correctly.

The list of permitted reasons for rejecting a flexible working request hasn’t changed. Though employers can still reject an application, they must adhere to the correct process to avoid a possible discrimination claim. Such a claim could damage the reputation of the organisation and possibly effect recruitment and retention rates in the future.

What difference will the Flexible Working Regulations make?

The new Flexible Working Regulations will allow more employees to submit an application earlier in their employment and permit more applications per employee per year.

Employers will need to respond quicker to these requests and provide evidence and consultation if the request is rejected. However, flexible working still remains a ‘right to ask’ and the list of permitted reasons to reject an application remains.

ACAS have published a revised code of practice to assist employers in dealing with a flexible working request. They highlight the importance of dealing with these requests on an individual basis and in a reasonable manner.

If you have any questions regarding the new Flexible Working Regulations or need help with a HR related problem, please call 0345 076 2288 or complete the form below: