Changes to flexible working legislation in the UK: What you need to know

The UK Government first introduced the right to request flexible working in 2003 for parents and carers. In 2014, that right was extended to include all employees. By 2019, 54% of UK employees worked flexibly. However, it wasn’t until the COVID pandemic that flexible working was fully embraced by UK employers. As the lockdown made working from home a necessity and the return to work led to an increased number of employees working on a hybrid basis, the availability of flexible working became a popular way for employers to attract new workers.

In July 2023, the Employment Relations (Flexible Working) Act 2023 was passed in Parliament and received Royal Assent after years of campaigning by employment bodies and flexible working charities. This act introduces several changes to the existing legislation on flexible working that aim to make it more accessible and fairer for all employees, regardless of contract type, length of service, or reason for making a request.

What is flexible working?

Flexible working means adjusting the way you work in a manner that suits both you and your employer. There are numerous flexible working patterns, for example:

• flexitime – you work core hours and arrange the remainder of your weekly hours to suit your needs
• part-time – you work less than full-time hours
• job sharing – you and another employee share a position, each having part-time hours to make up the full-time hours of the role
• compressed hours – you work your usual number of hours but in less blocks of work
• shift work – several employees work on the same job but over different periods of the working day, usually to ensure 24 hour cover
• annualised hours – you have a level of flexibility over your working times as long as you meet your annual hours
• working during term-times only – you work during weeks when your children are in school
• remote working – you work from home instead of at a business site
• staggered hours – you work different hours to other employees
• hybrid working – you work part of your week in the office and the remainder from home or in another location
• 4 day week – only working four days in each week but maintaining a 5 day week level of productivity

Flexible working can have many benefits for both employees and employers alike, such as improving work-life balance, reducing stress, increasing productivity, and enhancing employee engagement and retention.

How do the 2023 changes affect your right to request flexible working?

The main changes introduced in the 2023 act are:

• Employees can make two flexible working requests in any 12 month period, rather than only one, as long as they are not made within six months of each other.
• Employers must respond to flexible working requests within two months of receiving them, rather than three months, unless they agree otherwise with the employee.
• Employers must consult with the employee before they can reject a request.

These changes mean that you have more rights and options to work in a way that suits you and your life. You can now ask for flexible working twice a year, instead of once, if you leave a gap of six months between your requests. This gives you more chances to change your working hours or location as your needs and preferences change, such as having a new baby, looking after a loved one, or studying for a qualification.

You also don’t have to wait as long to hear back from your employer about your request. They must reply within two months, instead of three, unless you agree to a different time frame. They must also talk to you before they can say no to your request. This makes sure that they listen to your reasons and try to find a way that works for both of you, instead of turning you down without explanation.

These changes are designed to make flexible working more available and fairer for you, while also respecting the needs and challenges of your employer.

What remains unchanged in the Employment Relations (Flexible Working) Act 2023?

The Employment Relations (Flexible Working) Act 2023 hasn’t changed everything. These factors remain the same:

• You can make a request for flexible working if you have worked for your employer for at least 26 weeks, no matter your age, gender, or caring responsibilities.
• The types of flexible working that you can ask for are still the same, such as part-time, flexitime, compressed hours, annualised hours, staggered hours, job-sharing, or remote working.
• The employer can still say no to a request for one or more of the following reasons: it will cost them more money; it will negatively affect their customers; they can’t find anyone else to do your work; it will lower your quality of work or performance; there isn’t enough work for you at the times you want to work; they plan to change how the business operates.
• You can appeal against your employer’s decision if you’re unhappy with it, and complain or take legal action if you think you’ve been handled unfairly or illegally.

Wrapping it up

The Employment Relations (Flexible Working) Act 2023 aims to make flexible working more accessible and fairer for UK employees. It gives you more rights and options to request flexible working arrangements that suit your needs. It also requires employers to respond and consult with you in a timely and reasonable manner.