Flexible working requests – changes from April 2024

Previously, only those employees with 26 weeks’ service could make a request. Given this change, it is worth all employers taking the opportunity to refresh themselves as to what flexible working is, and what they need to do when an employee makes a request.

Flexible working is designed to allow employees to change the way they work. This could be a change to the number of hours or days they work, a change to their start or finish times, or to allow working from home. There is no need for the requested change to be linked to a need to provide care for a child or other dependant.

In order to access flexible working, the employee must make a “statutory request”. This just means that the application must be made in writing.

Once an employer has received a request, they must give it “reasonable” consideration. This should include giving genuine thought to the application and whether the employer can accommodate the request. If the request cannot be accommodated, then consideration must be given to whether any alternatives are available.

There is no obligation upon an employer to agree to a request, but if it is to be refused, there must be a genuine reason for the refusal.

A response to a flexible working request must be given within 2 months (or longer if agreed with the employee). The employee should be given the right to appeal against a refusal. It is unlawful to subject an employee to detrimental treatment because they have made a request for flexible working.

ACAS have published an updated Code of Practice for employers on dealing with flexible working requests, which is available here: Code of Practice on requests for flexible working | Acas