The Employment Relations (Flexible Working) Act 2023 passed through Parliament on 14 July and now awaits Royal Assent to become law.
The Act introduces the following key changes:
-
Employees will now be able to make two flexible working requests within any 12-month period.
-
Employers will have to deal with flexible working requests within 2 months of receiving them unless there is a mutually agreed extension. This change will ensure that requests are handled promptly and employees receive a timely response.
-
Employers will no longer be able to refuse a request outright without having first “consulted” with the employee. However, the Act does not specify the minimum requirements for this consultation process, leaving it open to interpretation by employers.
-
Employees are no longer required to explain how their flexible working request may impact their employer or propose how any potential issues arising will be addressed. This change reduces the burden on employees when submitting their requests and leaving it up to employers to manage their respective teams accordingly.
The Act represents a significant step forward in modernising the current flexible working framework to keep up with changing attitudes and expectations.
Katherine Wilson, Head of Employment and Specialist Delivery, Carers UK, said:
Following hot on the heels of the Carer’s Leave Act 2023, which will give unpaid carers the right to up to five days of unpaid leave, the Employment Relations (Flexible Working) Act 2023, will be another gamechanger for working carers. Two million workers, who are also unpaid carers, will benefit from the change when it comes into force. Carers have told Carers UK for years what needs to change so that they feel supported at work and don’t have to give up paid employment, resulting in catastrophic losses of income.
