How flexible working regulations are changing this year

Authored by DAS

The Flexible Working (Amendment) Regulations 2023

Amendments to the current flexible working legislation will come into force this year. Any flexible working applications made on or after 6 April 2024 must be dealt with in accordance with the Regulations.

What does this look like?

The right to make a flexible working request will be a day one right for employees so this means on their first day of employment they can make a request. Previously an employee could only make a formal flexible working request when they had been employed for 26 continuous weeks.

An employee will have the right to make two requests in any 12-month period but cannot if another application to the same employer is proceeding.

A request cannot be refused unless the employee consults with the employee first. The time for an employer to make their decision has been reduced to two months.

What should employers do?

It will be important for employers to review their current flexible working procedures and make necessary amendments to ensure the procedure is compliant with the Employment Relations (Flexible Working) Act 2023.

Employers should also update their staff on these changes, especially managers who have the responsibility to deal with such requests.