The Employment Relations (Flexible Working) Bill 2022/2023 continues to make its way through the Parliamentary process. This is a Private Members Bill with government support and is likely to be enacted into law. Employers should therefore be ready to make these changes to their own flexible working application processes.
The changes contained in the new legislation include:
- Making the right to request flexible working a day one right and abolishing the current 26-week service requirement – the Bill does not actually do this, but the government plans to introduce this via regulations
- Allowing employees to make 2 requests in any 12-month period, not just one.
- Reducing the period within which employers are required to decide on flexible working requests and notify employees from 3 months to 2 months including any appeal.
- Introducing a requirement for employers to consult with employees before rejecting any request for flexible working – this involves seeking and considering the employee’s views and responding to any points, questions, or suggestions the employee puts forward.
- Removing the requirement for an employee to explain to the employer the effect the change would have on their employer and how that might be dealt with.
The 8 reasons for refusing a statutory flexible working request remain unaltered and can be found in the ACAS Code of Practice.
Scottish Engineering will update all members when this legislation is due to come into force. If you have any questions meantime, please contact a member of the Legal & HR Team.
