New legislation confirms flexible working application as a day one right | Consensus HR – Herts, Beds
In June this year we reported on the Government’s commitment to introducing a day one right to request flexible working for employees via secondary legislation.
On 11 December, it fulfilled that commitment by publishing the Flexible Working (Amendment) Regulations 2023 (SI 2023/1328).
This new legislation comes into force on 6 April 2024, amends the Flexible Working Regulations (SI 2014/1398) and ensures that the right to make a flexible working application applies when an employee begins employment (a day one right).
Currently, regulation 3 of the 2014 Regulations imposes a condition on employees to have been continuously employed for 26 weeks before being entitled to make a flexible working application.
Regulation 2 of this amending legislation omits regulation 3 of the 2014 Regulations with effect from 6 April next year, meaning that the requirement to have 26 weeks of continuous employment will not apply to applications made on or after that date.
No conditions as to duration of employment need to be satisfied by an employee in order to be entitled to make a flexible working application on or after the date these regulations come into force (6 April 2024).
Other amendments to the current flexible working process are also planned, such as increasing the permitted number of statutory requests an employee may make per 12 month period from one to two. Further regulations are needed to bring the remaining changes into force. Although it is still to be confirmed, it is likely that all changes will come into force on 6 April 2024.
HR Inform 12-12-23
Our Comments: – New legislation confirms flexible working application as a day one right | Consensus HR – Herts, Beds
Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Well we knew this was coming and when Consensus HR recently update our client’s handbooks with the latest Employment Law updates we had expected at the time that it would be available for employees from day one of employment rather than the current 26 weeks. This article in our Chartered Instituted website confirms that this will now happen and come into force from the 6th April 2024. Business owners and managers will need to ensure that this is managed correctly when they receive a request from a member of the team as there is already a set legal procedure for employers / employees to follow and this will mean that now, it will have to be followed from day one of their employment, even if they have been employed for a set role and hours!”
YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.
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