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The new flexible working changes came into force on 6 April 2024 when the Employment Relations (Flexible Working) Act became law.
Individuals can make a flexible working request from day one of employment.
They can make two (not one) flexible working requests in a 12-month period.
Employers must make a decision about the request within 2 months (previously three months).
Employers must consult employees as part of the process and before a decision is made to reject a request.
Employees no longer have to explain the effect their request could have on the business and how it could be accommodated.
The reasons a request can be refused remain:
Whilst these grounds are broad, there remains a risk, which is often overlooked, of employees challenging refusals as they think they are discriminatory in some way. It remains important to have clear evidence to support any refusal.
We can provide a new policy or review and update your existing policies. We can also offer training to your staff or support you in reaching a decision if a request has been received.
If you are an employer and have any questions or concerns about how to prepare for these legal updates, please contact the BLHR and employment team, and we will be happy to assist you.
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