Changes in Flexible Working 2024: What Employers and Employees Need to Know

The flexible working landscape in the UK has undergone significant changes as of 2024, following updates introduced under the Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023. These changes aim to make flexible working more accessible, empower employees,

and create a fairer process for handling flexible work requests. 

In this blog, we’ll explore the key legislative updates, their impact on employee rights, the new responsibilities for employers, and how these changes will shape the future of work-life balance in the UK. 

Understanding Flexible Working and the Right to Request 

Flexible working refers to a wide range of arrangements that adjust an employee’s work hours, location, or manner of work. Common examples include working from home, job-sharing, compressed hours, part-time work, and flexible start or finish times. The UK first introduced the right to request flexible working in 2003 and has since expanded to cover all employees with 26 weeks of continuous service. However, the latest changes mark a significant shift, making flexible working requests accessible from day one of employment. 

What’s New in Flexible Working Legislation? 

As of April 6, 2024, the following updates to flexible working legislation have come into effect: 

1. Day-One Right to Request: Employees can now make a flexible working request from the first day of employment, eliminating the previous 26-week qualifying period. 

2. Increased Frequency of Requests: Employees are now entitled to make up to two flexible working requests within a 12-month period, up from the previous limit of one request per year. 

3. Shortened Decision-Making Time: Employers must now respond to flexible working requests within two months (reduced from three months), including any appeals, unless an extension is mutually agreed upon. 

4. No Requirement for Justification: Employees no longer need to explain how their proposed flexible working arrangement might impact the business or suggest ways to mitigate potential issues. However, providing a well-reasoned request may still improve the chances of approval. 

5. Mandatory Consultation Before Refusal: Employers can no longer reject a flexible working request outright. If the employer cannot fully accommodate the request, they must first consult with the employee to discuss the request and explore alternatives. 

 

These changes reflect the government’s intent to create a more balanced and transparent process that benefits both employees and employers, supporting greater flexibility in the modern workplace. 

Aspect  Previous Legislation  New Legislation (2024) 
Right to Request Flexible Working  Only after 26 weeks of continuous employment  Available from day one of employment for all employees 
Frequency of Requests  One request per year  Two requests per year 
Employer Decision Timeline  Three months to respond  Reduced to two months, including any appeals 
Employee Justification Requirement  Employees had to explain the impact on the business  No longer required to justify the impact on the business 
Consultation Requirement  No mandatory consultation before refusal  Employers must consult with the employee before rejecting a request 

Implications for Employees: Enhanced Access to Flexible Working 

The new day-one right to request flexible working opens up opportunities for employees to tailor their work arrangements from the very start of their employment. This change is particularly beneficial for individuals with caregiving responsibilities, health conditions, or a preference for a specific work-life balance. 

By allowing two requests per year and reducing the decision timeframe to two months, the legislation offers employees greater flexibility and responsiveness from employers. Employees who need to adjust their working arrangements due to life changes or unexpected circumstances can do so more readily under the new rules. 

These changes align with the modern global shift towards a more flexible working environment, giving employees more control over their schedules and supporting their well-being and productivity. 

Impact on Employers: New Responsibilities and Compliance Requirements 

For employers, the latest updates to flexible working laws introduce additional responsibilities in managing requests. Critical considerations for employers include: 

1. Policy Updates: Employers should review and update their flexible working policies to reflect the new day-one right, the option for multiple requests per year, and the shortened decision-making period. 

2. Consultation Obligations: The requirement to consult with employees before refusing a request means that employers must engage in a meaningful dialogue, considering each request carefully and exploring potential compromises. 

3. Increased Risk of Tribunal Claims: Employers who fail to comply with the new process or refuse a request without reasonable grounds may face discrimination claims or employment tribunal cases. Employers are encouraged to keep detailed records of all discussions and decisions to minimise these risks. 

4. Employee Retention and Engagement: Embracing flexible working can be a strategic advantage. Businesses that adapt to these changes may see improved employee morale, reduced turnover, and enhanced job satisfaction, making them more attractive in a competitive talent market. 

Best Practices for Employers to Adapt to Flexible Working Changes 

With the new requirements, employers need to approach flexible working requests with a collaborative mindset. Here are some best practices to consider: 

  • Clear and Transparent Policies: Develop a flexible working policy that outlines the updated rights and responsibilities, including the steps for making and reviewing requests. Make this information easily accessible to all employees. 
  • Training for Managers: Ensure managers understand the new rules and their roles in handling requests. Training should include skills in effective communication, fair assessment, and managing potential biases. 
  • Regular Reviews and Feedback: Implement regular check-ins with employees who are working flexibly to assess the effectiveness of the arrangement. This proactive approach can help identify and address any challenges early on. 
  • Consider Trial Periods: Offering trial periods for flexible arrangements can allow both employers and employees to test new working patterns without making a permanent commitment. If successful, these arrangements can become a long-term solution. 

How Flexible Working Supports a Balanced Work-Life Culture 

The flexible working reforms reflect a broader societal shift towards supporting a better work-life balance. As more employees prioritise flexibility to manage their personal and professional lives, these changes encourage businesses to create a more inclusive and adaptable work culture. 

Flexible working arrangements can benefit employees and employers, as studies show they improve productivity, employee well-being, and retention rates. By providing options such as remote work, compressed hours, and job-sharing, employers can build a resilient and engaged workforce while meeting modern employees’ needs. 

Navigating the Future of Flexible Working 

The changes in flexible working laws for 2024 signal a progressive step toward more inclusive and adaptable workplaces in the UK. With the new day-one right to request flexible working, shorter decision times, and mandatory consultation requirements, employees now have greater access to flexible arrangements that suit their individual needs. 

For employers, these updates offer an opportunity to cultivate a workplace that values flexibility, inclusivity, and employee satisfaction. By proactively adapting to these changes, businesses can enhance their reputation, attract top talent, and foster a supportive work environment. 

Need help navigating the new flexible working requirements? Whether you’re an employer looking to ensure compliance or an employee seeking advice on your rights, our team at Employment Law Services is here to help. Contact us today to discuss how these changes may impact you and get tailored guidance to make the most of the latest legislation.