Since April 2024, all employees have had the right to request flexible working from ‘day one’ of their employment (as outlined here). One of the Government’s key election promises was to extend this and make flexible working “a genuine default” from day one for all workers, except where it is “not reasonably feasible”. This blog considers the extent to which the Employment Rights Bill delivers on this promise.
All employees have the right to request flexible working regardless of their length of service. Employees are able to make two flexible working requests in any 12-month period, and are no longer required to explain the impact of their request.
Employers are obliged to respond to an employee’s flexible working request within two months of the request (unless the parties agree otherwise). Employers are able to refuse a flexible working request on one or more of eight statutory reasons (including detrimental effect on quality or performance, the ability to meet customer demand, costs, or the inability to reorganise work, etc). However, employers must consult with an employee before refusing their request.
Employers should follow Acas’ Code of Practice on requests for flexible working when dealing with requests.
From 2027, the Employment Rights Bill will place additional obligations on employers when dealing with flexible working requests:
• Employers will only be able to refuse a flexible working request if...
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