The Flexible Working (Amendment) Regulations 2023  were laid before parliament on 11th December 2023, which means that, from 6th April 2024, all employees will have the right to make a statutory flexible working request from day one of their employment. 

Previously a right reserved for those with a minimum of 26 weeks' continuous service, this enables employees to make a formal request to vary their contractual working arrangements - for example to work from a different location or to vary their working days or hours. When an employer receives a statutory flexible working request they are obliged to handle the request in a prescribed fashion. They must deliver their reply to the employee's request within 12 weeks of receipt and are only permitted to reject such a request for one of eight statutory reasons. Moreover, failure by an employer to respond appropriately to a statutory flexible working request can trigger a claim by the employee in the employment tribunal, carrying with it a compensatory award. Therefore it is important that employers are aware of this change to the legislation, and of their resultant obligations.

A common misconception is that flexible working requests primarily benefit those wishing to adapt their working arrangements as they start a family. The desire to meet the family's needs is a perfect example of why an employee might decide to exercise their rights in this regard, but it isn't the only example; other reasons might include to enable caring obligations, or to accommodate the symptoms or treatment of a chronic medical condition. It is evident that these scenarios, and similar, can arise at any time, and often might not have the decency to hold off until an employee has reached 26 weeks' continuous service. Broadening the scope of this to a day-1 employment right will offer more employees (millions, according to the statistics) the ability to request an update to their job requirements when unforeseen and often urgent changes in circumstances arise.

This amendment to the existing legislation comes as part of a broader package of reforms under the Employment Relations (Flexible Working) Bill (which gained Royal Assent in July 2023); all of which are aimed at enhancing the accessibility of flexible working conditions for employees and the transparency of the way by which employers approach such issues. The Government press release on the Employment Relations (Flexible Working) Bill emphasises that the motivators behind the changes include hopes of creating a more contented workforce which will, in turn, trigger an increase in productivity and subsequently bolster the economy. 

Whether or not the reforms package will achieve the desired outcomes remains to be seen, but the changes will undoubtedly be welcomed by those who are new starters in their role.