02/02/2024

On 11 January 2024 the Government published Statutory guidance Explanatory memorandum to Acas Code of Practice on requests for flexible working. This set out the Government’s response to Consultation that ran from for eight weeks from 12 July until 6 September 2023 and received 162 responses.

The main changes to the flexible working regime are:

1. Introduces new requirement for employers to consult with employee before rejecting any flexible working request
2. Allows employees to make two statutory flexible working requests (rather than one in any 12-month period
3. Reduces the time frame for employer to consider and respond to the request from 3 months to 2 months.
4. Removes the existing requirement for employees to explain what effect, if any, the change would have on employer and how that might be dealt with.
5. Makes the right a day 1 right

The Government response summarises the responses received from employers and confirms that it intended that the Code will come into force in April 2024 with the new legal framework

Again with the potential return to Stormont it is likely that Ministers will look at what is happening in employment law both East – West and North – South to determine if similar rights are appropriate for here.