What to expect from the Employment Relations (Flexible Working) Act 2023

The Employment Relations (Flexible Working) Act 2023, which has completed its passage through Parliament and now awaits Royal Assent, will soon come into force. This act will bring significant changes to the legal rights of employees in the UK, enhancing work-life balance for many workers.

Understanding the Act

The Employment Relations (Flexible Working) Act (“the Act”) will introduce amendments to section 80F of the Employment Rights Act 1996, which grants employees the right to request a variation to their contract to facilitate flexible working. The Act proposes the following changes:

1. Removing the Requirement for Employee Explanation

Under the existing law, employees are required to explain the potential impact of their requested change on their employer and suggest ways to address any associated effects. The Act will eliminate this requirement, giving employees the freedom to request flexible working without the burden of detailed explanations.

2. Revision of Application Frequency

The Act replaces the current once-a-year limit on employee applications, with a new twice-a-year limit. This means that employees can make a second application while the first one is still being processed, allowing for greater flexibility in responding to changing work circumstances.

3. Mandatory Consultation

Under the new proposals, employers would be required to consult with employees before refusing a flexible working application. This provision aims to encourage meaningful dialogue between employers and employees, fostering a more collaborative approach to flexible working arrangements.

4. Reduced Decision Period

The Act seeks to reduce the decision period for employers from three months to two months. This amendment would ensure a quicker resolution of flexible working requests, allowing employees to plan their work arrangements more efficiently.

Potential Impact

Once the Act gains Royal Assent, it could mark a significant shift in the rights of employees in the UK. The Act’s sponsor, Yasmin Qureshi, believes it will improve access to flexible working and address the barriers faced by various groups, including women, disabled individuals, carers, and older people. Trade unions and family charities have also expressed their support, highlighting the potential benefits this legislation could bring.

However, some employer groups, particularly small and medium-sized enterprises, have expressed concerns about potential burden on businesses. These concerns stem from the need to adapt work arrangements and the associated administrative and operational challenges that may arise.

As the Act has now completed its passage through Parliament, it presents an opportunity for employees in the UK to enjoy enhanced flexibility in their work arrangements.

Whether an employee or an employer, if you require any assistance or clarification regarding this Act or any other employment law matters, please do not hesitate to contact Rahman Lowe Solicitors at +44 (0)20 3950 5234  or info@rllaw.co.uk