A significant change to worker rights set to be introduced in April will ensure flexible working is more accessible than ever before and demonstrates the traditional 9-5 working pattern is ‘no longer the norm’, according to an employment law expert.
The Flexible Working (Amendment) Regulations Act 2023 will come into effect on April 6 and will remove the current 26-week qualifying period to make a flexible working request.
Instead, employees will have the right to make a flexible working request on the first day of their employment, and can make two requests within 12 months – double previous limits.
Employers, in turn, must respond to an employee’s request within two months instead of three and must also engage in a consultation with the employee.
‘Flexible working’ refers to the working patterns of employees – including part time, flexi-time, term time, condensed hours and start and finish times – as well as the place of work, be it in an office or another location such as home.
Tina Chander, Partner and Head of Employment Law at Wright Hassall, believes the legislative change will provide employees with greater flexibility on where and when they work and help to open conversations around accessibility to work.
She said: “Covid-19 has resulted in a huge shift in workplace dynamics and many employers have embraced a change in working patterns as it can lead to increased workforce engagement, productivity, and staff retention.
“This change heightens the conversation and will lead many employers to reassess their flexible working model to ensure they not only have a happy workforce which helps to retain staff, but can also attract a wider talent pool.
“It also recognises the fact that the traditional 9-5 working pattern is no longer the norm as many look for a greater work-life balance or alternative arrangements due to external factors such as childcare.
“The new legislation also removes the requirement for employees to explain what effect the request will have on the employer, and in addition employees no longer must explain how any changes can be dealt with.
“It’s a big win for employees as it opens up doors, and whilst it’s not removing the right for employers to say no, it is taking away boundaries and leading to a more open conversation around accessibility to work.
“Ultimately, while this may lead to employers opening up more roles for flexible working when recruiting, there’s always going to be roles that don’t accommodate flexible working
“Employers need to carefully manage flexible working requests as whilst the new legislation still permits employers to reject flexible working requests based on the existing eight reasons, the ability for an employer to outright reject a request will be removed and employers must consult and discuss alternative arrangements. There’s lots of work for employers to do to ensure their processes are in place ahead of April 6.”
Tina Chander, who is Partner and Head of Employment at award-winning law firm Wright Hassall, is a qualified barrister and solicitor with extensive experience in employment law matters for both individuals and businesses.
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