In July, the Employment Relations (Flexible Working) Act 2023 received Royal Assent. This significant piece of legislation is designed to make flexible working arrangements easier to achieve for employees across the country. Find out more about it here.
The Research That Supports New Legislation
Before any law can be passed, research needs to be undertaken to assess the need for change and any potential changes that may be required. In the case of the new Employment Relations (Flexible Working) Act 2023, the Chartered Institute of Personnel and Development (CIPD) was tasked with this research.
The CIPD released a report in April 2022 that showed 4% of employees changing their jobs in the year before the report, due to a lack of flexible working opportunities. It also shows that 9% of employees in the same period left their career or professional completely due to a lack of flexible solutions.
The research shone a light on the fact that employees in Britain have more flexibility in the world of work, setting the basis for the new Act that is now in force.
What Changes Does the Employment Relations (Flexible Working) 2023 Offer?
The new Act offers a number of changes around the notion of flexible working, including:
- Employees will be able to ask for flexible working from the first day of their employment. Before the legislation changed, employees had to work for at least 26 weeks before they could request flexible working. This change will make it easier for employees to start their new jobs in a way that suits their needs and circumstances.
- Employees will be able to make two flexible requests every year. Currently, employees can only request flexible working once every year. This change will give employees more flexibility to request changes to their working arrangements as their needs change.
- Employers will be required to reply to requests for flexible working within two calendar months of the application being made. Currently, employers have three months to respond to flexible working requests. This change will speed up the process and make it easier for employees to get a decision on their request.
- Employers have to consult with employees that apply for flexible arrangements before refusing their request. This change will ensure that employers give proper consideration to employees’ requests and that they have a good reason for refusing them.
These changes are seen as a positive move for employees, allowing them a greater level of control over how they manage their working lives by giving them the opportunity to request flexible working from day one of their employment.
The impact of the act is set to provide greater work-life balance and an ability for individuals to prioritise their work life without negating responsibilities in other areas of their lives.
How Will the Act Benefit Employers?
It can appear that the Act is only positive for employees that want to work flexibly, but there are benefits for employers too! By offering flexible working arrangements, employers will be in a strong position to be able to retain their top talent, attract calibre candidates and increase productivity in the workplace.
The knock-on effect of this means that morale will also increase, which will help to reduce levels of absenteeism at work as well as lowering staff turnover for a more stable work environment.
The Implementation of the New Act
As part of the rollout of the new legislation, the Government have stipulated that a Code of Practice will be provided to help employers and employees to understand what they can and can’t requests. This code of practice will be developed by ACAS and work to ensure effective implementation at every step of the way.
It’s clear that this new legislation is a positive move forward, especially as it gives employees a greater level of control over their working lives. As the new Act rolls out, employees will be able to request flexible working from the outset of their careers and ensure that employers can create a positive working environment that meets the needs of everyone in the organisation.
For more information or assistance, you can contact Carter Bond Solicitors at 020 3476 6751 or via email at info@carterbond.co.uk. You can also find valuable resources on their YouTube channel and website at www.carterbond.co.uk.
This note comprises the view of the author at the time of writing. This note is not a substitute for legal advice. Information may be incorrect or out of date and may not constitute a definitive or complete statement of the law or the legal market in any area. This note is not intended to constitute advice in any specific situation. You should take legal advice in specific situations. All implied warranties and conditions are excluded, to the maximum extent permitted by law.
