In this month’s instalment, our team highlight key updates to flexible working requests, as introduced by the Employment Relations (Flexible Working) Act 2023. We also explore recent case law relating to dual employment status, a fair dismissal in absence of a meeting, and proportionality in relation to an employee's beliefs that may otherwise be considered objectionable by others.

1. Changes to Flexible Working

The Employment Relations (Flexible Working) Act 2023 (the “Act”) received Royal Assent on 20 July 2023. The Act amends the statutory flexible working regime under the Employment Rights Act 1996 and makes the following changes:

• Employees will have a “day one” right to request flexible working. Currently, employees must have at least 26 weeks’ continuous employment to make a request.
• Employers will be required to consult with employees before rejecting a flexible working request. Currently, there is no consultation requirement.
• Employees will be able to make two flexible working requests in any 12-month period rather than the current limit of one request a year.
• Employers will be required to respond to flexible working requests within two months. This is shorter than the existing requirement to respond within three months.
• Employees will no longer be required to set out how their employer might deal with the effects of their flexible working request.

The Act does not change the eight statutory business reasons for rejecting a request.

In light of the changes...

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