Flexible working is a broad term used to describe any working arrangement that meets the needs of both the employee and the employer regarding when, where and how an employee works. Examples include, but are not limited to:

• part-time working
• homeworking
• hybrid working
• flexitime
• job sharing
• compressed hours
• annualised hours
• term-time working
• team-based rostering

ACAS has issued guidance and a Code of Practice for employers and employees on the statutory right to request flexible working as set out in the Employment Rights Act 1996 and regulations made under it.

Under the new regime, effective from 6 April 2024, employees will be able to make two flexible working requests in any 12-month period, instead of the current one request. Employees will also have the legal right to make a statutory request for permanent changes to their contract, including when, where and how long they work, from their first day of employment.

Employers must agree to a statutory request for flexible working unless there is a genuine business reason not to. The potential business reasons are specified in the Employment Rights Act 1996 and set out in paragraph 9 of the Code, which are as follows:
• the burden of additional costs;
• an inability to reorganise work amongst existing staff;
• an inability to recruit additional staff;
• a detrimental impact on quality;
• a detrimental impact on performance;
• a detrimental effect on ability to meet customer demand;
• insufficient work available for the periods the employee proposes to work; or
• planned structural changes to the employer's business;

Where a request is rejected, clear communication about the reasoning, and impartial handling of any appeal, must be provided by the employer. Employers must not reject a request without first consulting the employee.

Whilst the new laws can be valuable to all employees, especially working parents who are constantly juggling their family’s needs with their work demands, they may pose challenges for employers.

The biggest concern for employers would be the employee’s entitlement to file a request from day one of employment as they may need time to evaluate an employee’s performance and capabilities when considering a request, which will be difficult if the individual files the request within the first few weeks of employment.

At GS Verde Law, we can provide you with further guidance to help companies adapt to the changes due to take effect on 6 April 2024. If you are an employee, we can provide you with a clear, pragmatic assessment of your situation and advise you on whether your employer has dealt with a flexible working request correctly.

We can quickly assess the merits of your case and give you a realistic indication of whether you are likely to have a strong employment tribunal claim.

If you have any queries about this, or another other employment or HR matter, please do not hesitate to contact our Employment and HR Team.