Flexible working reforms – six things you need to know

The right to request flexible working has existed for over 20 years, and some important changes were made to the law in April this year. Here are six things you need to know about the reforms:

1. When did the law change?

The changes came into force on 6 April 2024. The new provisions apply where an employee makes a request to work flexibly on or after that date.

2. What has changed?

An employee no longer needs 26 weeks' continuous employment in order to make a request so it has become a "day one" right. Employees can now make up to two requests in any 12 month-period and they do not need to state what impact the requested change would have on their employer's business or how this could be addressed.

The employer now only has two months (previously three months) in which to make a decision, which includes any appeal, and must consult with the employee before rejecting a request.

3. What has stayed the same?

Flexible working still involves making a change to when, where or how an employee works. It only applies to employees and not workers or the self-employed. The employee still needs to make a request in writing, and the employer has to consider the request reasonably and must agree it unless they have one of eight permitted business reasons for rejecting it. It remains a right to request flexible working and not a right to work flexibly. Flexible working is still not the default option.

As before, an employee may be able to bring an employment tribunal claim for a breach of the law on flexible working where their employer did not handle their request in accordance with the Acas Code (see below), rejected their request without a genuine business reason, dismissed the employee or caused them detriment because of their request or handled the request in a way that discriminated against the employee. An individual may have other claims as well, such as for unfair dismissal and/or discrimination.

4. What do you need to do?

There are a number of things you need to do to ensure you're complying with the law. They include:

• Updating your flexible working policy and sharing it with your organisation
• Amending your template request form (if you have one for employees to use)
• Training managers on how to deal with requests following these changes
• Diarising the correct period for dealing with requests
• Being prepared for new joiners to ask to work flexibly at any time from the first day of their employment.

5. What does best practice look like?

Many HR teams will want to go beyond complying with the minimum legal requirements, whether it's to minimise risk, improve employee morale, increase diversity in the workforce or help to recruit and retain staff.

Best practice includes having a flexible working policy with a clear procedure for making a request, thinking about whether a job can be done flexibly before advertising it and having a meeting to discuss a request with an employee. It also involves considering alternatives if you can't agree their request in order to reach a solution that is acceptable to everyone. Last but not least, you need to allow them to be accompanied at meetings by a colleague or trade union representative and permit an appeal if you reject their request.

6. Is there any guidance available?

Acas has published a revised statutory Code of Practice on requests for flexible working. It provides guidance for employers and employees on their legal rights, responsibilities and good practice in making and handling statutory requests for flexible working. Failure to follow the Code does not in itself make a person or organisation liable to legal proceedings. However, employment tribunals will take it into account when considering relevant cases.

Acas has also published new guidance on flexible working requests, which provides practical examples for employers and employees.

In July, Acas published new advice on implementing flexible working. It explains what flexible working is, the different types of flexible working, why you should have a policy and how to change your culture.

If you have any queries on the reforms or how they affect your organisation, please get in touch with your usual WBD contact or Charlotte Bloomfield.