Employees in the UK will soon have the right to request flexible working from their first day at a new job, effective 6 April 2024.
- Initially introduced in 2003 for working parents and carers, the right to flexible working has evolved significantly.
- Recent Acas survey data indicates a 30% rise in remote working amongst UK employees over the past year.
- Flexible working contributes an estimated £37 billion to the UK economy annually.
- Changes include mandatory employer consultation on flexible working requests before rejection.
From 6 April 2024, all employees in the United Kingdom will be able to request flexible working arrangements as soon as they start a new job. Initially introduced in 2003 to support working parents and carers, this right has now expanded significantly to encompass all employees after 26 weeks of continuous service.
A recent survey by Acas revealed that approximately 30% of employers have reported an increase in staff working remotely over the past year. This trend aligns with the growing importance of flexible working in the modern workplace.
Flexible working is estimated to contribute £37 billion annually to the UK economy, illustrating its significant impact. Solicitor Eleanor Rogers from Furley Page’s employment law team remarked on the widespread adoption of such arrangements post-pandemic, noting the variety of forms they take, including hybrid and agile working.
Eleanor Rogers emphasised that the default position should no longer be to reject flexible working requests. Employers are required to adhere to the statutory process to avoid discrimination claims, financial penalties, and recruitment challenges. Research indicates that 55% of UK working parents would consider changing jobs for better flexibility.
Under the new legislation known as the Employment Relations (Flexible Working) Act 2023, further changes from 6 April 2024 will oblige employers to consult with employees prior to rejecting flexible working requests. Additionally, the period for decision-making on such requests will be reduced from three months to two, and employees will no longer need to explain the potential impact of their request on the employer or suggest mitigations.
The accompanying Acas Code of Practice has been updated accordingly to reflect these changes. Employers are now required to follow a thorough process to consult and explore all available options before deciding on requests, enhancing overall employee engagement and satisfaction.
The extension of the right to request flexible working from day one marks a significant shift in employment rights in the UK.
