The game-changing amendment? No more waiting for 26 weeks to request flexible working – it’s soon to become a Day One entitlement. Effective April 6, 2024, this new right will be in full swing for requests made on or after that date.

The Regulations remove the requirement that an employee must have 26 weeks’ service in order to be able to make a request for flexible working.

This tweak was initially hinted at by the government back in 2022. Interestingly, it wasn’t part of the broader Employment Relations (Flexible Working) Act 2023, released earlier this year. further reading/ insight Employment Relations (Flexible Working) Act 2023 (legislation.gov.uk)

For an in-depth exploration of these changes, refer to the official Statutory Instruments document here. The Act will come into force on a date set by the Secretary of State in a separate statutory instrument as per the link above. While the precise commencement date of the Act is pending, industry chatter suggests it’s aligning with the Day One right’s rollout in April 2024.

Local Authority Model Policies will need to be updated to reflect these upcoming changes.

No date for the implementation of the Employment Relations (Flexible Working) Act 2023, which received Royal Assent earlier this year, has been set, although it is expected to come in on the same day as the day-one right to request flexible working. When enacted, this law will allow employees to make two flexible working requests in any 12-month period.

Please contact the Bywater Kent HR Team for any further information.