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Flexible Working Webinar - outstanding question

During the webinar on 15th February, a question was asked (45:56) about if a person has had a flexible working request in the last 12 months would they reset and get a further 2 requests from 6th April or would the existing arrangement count as a the first request?

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  • Steve Bridger

    | 0 Posts

    Community Manager

    19 Mar, 2024 16:04

    Hi  

    Welcome to our Community.

    I've found the reference and will get an answer for you (and others).

    https://www.cipd.org/uk/knowledge/webinars/flexible-working-day-one-right/

  • The situation from April is :
    An employee may not—
    (a) make more than two applications under this section to the same employer during any period of 12 months;

    If they have made a request in the preceding 12 months they can make another. If they want to make a third request they must wait until the first request is over 12 months old
  • Steve Bridger

    | 0 Posts

    Community Manager

    22 Mar, 2024 15:38

    Hi  

    Sorry this took a few days. Here is the response Tony Mulcahy - Assistant Director at BEIS - sent across.

    When calculating the requests made within a 12 month period, any such request made within the 12 month period immediately before the request is made is to be counted, even if the request was made before 6 April 2024. Section 1(8) of the Employment Relations (Flexible Working) Act 2023 is clear that “On or after the coming into force of this section, in any determination of the number of applications made under section 80F of the Employment Rights Act 1996 by an employee during a period of 12 months, any such application made before that coming into force (and during that period) is to be included.”