Reminder: Flexible Working is now a Day One right

Recently we have been reviewing lots of contracts and policies for clients and, a common theme amongst our reviews have been that flexible working request policies have not been updated to reflect the most recent legislative changes. So, by way of a reminder, since 6 April 2024, employees have a right to make a flexible working request from the first day of their employment.

In order to exercise this right, the employee must make a written request. Following that, the employer will have two months to consult with the employee if needed, make a decision and inform the employee of the outcome.

The employee is able to make a flexible working request in regard to:

• Their working hours
• The times when they are required to work
• A change of their workplace.

Whilst there is a right to make a request for flexible working from day one of an employee’s employment, that doesn’t translate to an instant acceptance by an employer to grant the employee’s request. However, if an employer cannot accommodate the employee’s request for flexible working they must attribute their rejection to one or more of the following business reasons which are set out in the Employment Rights Act 1996:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work available for the periods the employee proposes to work
• planned structural changes to the employer’s business

If you need assistance with updating your work placement policies and or have any queries in respect of flexible working requests, please get in touch with the employment team and we will be happy to assist.