Statutory Flexible Working Requests are a well-known concept which entitle eligible employees to the statutory right to submit a flexible working request. In addition, the statutory process sets a strict process and deadlines to follow when responding to a statutory flexible working request. 

However, over the last few years, we have seem a number of consultations seeking to increase transparency in the flexible working scheme and as a result, we have been anticipating some changes to the scheme. At the end of last month, these changes were finally confirmed when the Employment Relations (Flexible Working) Bill received Royal Assent. 

When it comes into force next year, the Employment Relations (Flexible Working) Act 2023 [i] (the Flexible Working Act) will introduce the following changes:

• Employees will be permitted to make two flexible working requests within any 12-month period. This is in increase from the current scheme, which permits only one request within any 12-month period. Although, under the new scheme, only one request can be made at a time (i.e. if one application is still proceeding, another one cannot be submitted at the same time).

• The current scheme requires an employee submitting a flexible working request to explain what effect the requested change may have on the employer and also explain how the employer may deal with the potential effects. However, under the Flexible Working Act, this requirement will be removed.          
   

• Employers will have two months within which to make a decision (including any appeal). This is a reduction from the current three month decision period. Furthermore, if an employer intends to refuse a flexible working request, they must consult with the employee regarding the outcome – i.e. they cannot simply refuse it outright.

In addition to the above changes, there has been a lot of commentary in relation to whether the right to submit a flexible working request will become a ‘day one right’. This would mean that an employee does will not need a minimum length of service (currently 26 weeks) before being eligible to submit a statutory flexible working request. The Flexible Working Act does not explicitly implement this as a day one right, but the government has indicated that secondary legislation (yet to be drafted but expected next year) will remove the requirement to have 26 weeks of continuous service. 

How to prepare for the changes

Some employers are already ahead of the curve. For instance, it has recently been reported that Tesco have already updated their flexible working policies to allow all its employees (in excess of 300,000 staff) to submit flexible working requests from ‘day one’ of their employment.[ii]

Whilst there is no immediate need for employers to follow suit, we set out below some suggestions as to how employers might best prepare: 

• Ensure you have accurate and up to date records of the number of requests each employee has submitted.  Any request submitted prior to the Flexible Working Act coming into force will be included when calculating the number of permitted applications in a 12-month period.

• Update your statutory flexible working policies.

• Ensure those managers who deal with requests are aware of the changes and appropriately trained to deal with them. 

If you require any advice or assistance with how to implement or manage the upcoming changes, our employment lawyers are here to help. Please contact us on 01473 232121 to speak to someone in the team. 

[i] https://bills.parliament.uk/bills/3198

[ii] https://www.independent.co.uk/business/tesco-allows-staff-to-request-flexible-working-from-day-one-ahead-of-law-change-b2386934.html