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Flexible working to become a ‘Day One’ right

The government had previously indicated its intention to make the right to request flexible working a ‘Day One’ right.  However, this change was omitted from the Employee Relations (Flexible Working) Act 2023 (‘the Act’) which was published earlier this year and which we reported on in August.

The government has now introduced the Flexible Working (Amendment) Regulations 2023 (‘the Regulations’).  The Regulations provide that the right to make a flexible working application applies when an employee begins employment.  They therefore remove the requirement that an employee must have 26 weeks’ service in order to be able to make a request for flexible working. 

This new right will come into effect for flexible working requests made on or after 6 April 2024.  It is unclear whether the changes contained within the Act will also come into force in April 2024, with some sources suggesting that this will not be until July 2024.

If you have any questions or queries on the above proposed changes, please do not hesitate to contact a member of the AfterAthena employment & HR team.