Flexible Working Bill passed into law! - General - Flexible and hybrid working

16 Flexible Working Bill passed into law!

25 Apr, 2023 12:51

Moderator note: this thread - started in April 2023 - is now being used as a place of reference for what is happening after the Act was passed into law in July 2023

Hi are the changes to flexible working effective now? i.e day one right etc

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Teresa | 0 Posts

25 Apr, 2023 13:30

Hi - it appears to have a few stages left before it is given Royal Assent by the looks of it
bills.parliament.uk/.../3198
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Peter Stanway | 0 Posts

25 Apr, 2023 14:26

In reply to Teresa:
My guess is effective next April
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Claire Sheriff | 0 Posts

27 Apr, 2023 07:31

Hi Claire - The government haven't announced when the legislation will be introduced but we broadly expect it to be in 2024. In the meantime, the CIPD are working with the Flexible Working Taskforce - made up of a range of government departments and employer groups to communicate the changes and support organisations with the change in making the right to request flexible working from day one.
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Steve Bridger | 0 Posts

Community Manager

20 Jul, 2023 17:05

The Employment Relations (Flexible Working) Act 2023 passed into law today!
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Teresa | 0 Posts

21 Jul, 2023 12:58

In reply to Steve Bridger:
Can i just check that it is effective from today, with the exception of the 1 day right? The Government communications are as effective and clear as everything else they do
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David | 0 Posts

21 Jul, 2023 13:02

The day one right is not covered in the Act itself but will need to be be dealt with by separate legislation.

According to the Government press release, it expects the Act and secondary legislation to come into force approximately a year after Royal Assent, to give employers time to prepare for the changes.
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Steve Bridger | 0 Posts

Community Manager

21 Jul, 2023 14:10

In reply to Teresa:

David is correct.

Alongside the Bill receiving Royal Assent, the Govt has announced that the right to request flexible working will become a day 1 right, details of which can be found in their press release. The Govt indicated this is would be covered in secondary legislation (but none has appeared as yet).

The Act is expected to come into force in April 2024.

The Act will allow employees to make two statutory flexible working requests in any 12 month period and reduce waiting times for decisions to be made from three months to two months.

It will also bring in new requirements for employers to consult with the employee before rejecting their request and remove existing requirements that the employee must explain what effect, if any, the change applied for would have on the employer.

www.gov.uk/.../millions-to-benefit-from-new-flexible-working-measures

www.forbessolicitors.co.uk/.../the-employment-relations-flexible-working-act-2023

www.ier.org.uk/.../

www.makeuk.org/.../flexible-working
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Teresa | 0 Posts

21 Jul, 2023 14:20

In reply to Steve Bridger:
Thank you - that was my understanding, but id read the press release several times and not spotted the 'approximately 1 year after' bit
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Steve Bridger | 0 Posts

Community Manager

21 Jul, 2023 16:25

In reply to Steve Bridger:
www.cipd.org/.../
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Juraj Kecso | 0 Posts

14 Sep, 2023 09:32

In reply to Steve Bridger:
Hi All,

I just wanted to double-check, because there seems to be conflicting information out there about the current legislation.

So, the Flexible Working Bill passed into law in July, albeit without the day 1 right to request. Does that mean that from July 2023 employees can submit two requests in 12 months, employers must consult before they can reject the request, and employers can no longer ask employees how they would propose to make their own request work?

What is the current legal situation regarding flexible working (as of September 2023)?

Also:

1. What exactly is this pre-rejection consultation supposed to look like?
2. What exactly can you ask an employee about their request if you can't even ask them how they think their request would actually work in practice?
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Steve Bridger | 0 Posts

Community Manager

14 Sep, 2023 10:02

In reply to Juraj Kecso:

Juraj - as I said above, the Act is expected to come into force in April 2024. I know that CIPD will be releasing more information nearer the time... but in the meantime, there is more detail here:

https://www.cipd.org/uk/knowledge/guides/requesting-flexible-working-guide/
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David | 0 Posts

14 Sep, 2023 10:13

In reply to Juraj Kecso:
The law as of September 23 is as it was in September 22
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Steve Bridger | 0 Posts

Community Manager

14 Sep, 2023 10:25

In reply to Juraj Kecso:

Juraj Kecso ... I think you'll find this a helpful steer...

What does the Employment Relations (Flexible Working) Act 2023 herald for UK workers?
Carl Quilliam discusses what the passing of the Employment Relations (Flexible Working) Act 2023 means, what changes it brings and when they might be implemented

https://www.cipd.org/uk/views-and-insights/thought-leadership/cipd-voice/master-thought-leadership-uk/
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Juraj Kecso | 0 Posts

14 Sep, 2023 11:03

In reply to Steve Bridger:
Thanks. So right now, and possibly until April 2024, it's one request in 12 months, no need to consult if a request is rejected, and you can legally ask the employee to explain how they would propose to deal with the impact of their request.
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Sian Collin | 0 Posts

10 Oct, 2023 11:38

Is this also the same with regards to the Protection from Redundancy (Pregnancy and Family Leave) Act 2023. Will this not actually come into force until April 2024, I don't find this very clear. Many thanks
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