Right to request flexible working
Editor's message: Some important changes to the statutory right to request flexible working took effect on 6 April 2024. The key changes include:
- making the statutory right to request flexible working a day-one right;
- giving employees the right to make two requests, rather than one, in a 12-month period;
- removing the requirement that an employee must explain what effect, if any, that their request would have on the employer and how that might be dealt with;
- requiring employers to respond to a request within two months, rather than the current three months; and
- placing an obligation on an employer to consult with an employee before rejecting a request.
Further changes to the right to request flexible working are proposed in the Employment Rights Bill, published on 10 October 2024. These include that the employer can refuse a request on one of the existing grounds only if it is reasonable to do so, and a requirement for the employer to notify the employee of the grounds for refusal and why they think it is reasonable to refuse the request. The Government will consult on the detail of the proposals, and we do not expect them to take effect before 2026.
Stephen Simpson, principal HR strategy and practice editor
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