5 January 2023. Currently, the statutory right to request flexible working can only be requested after 26 weeks service (see Statutory Right to Flexible Working). However, in December 2022, the government said it would be changing the regulations so that the right to request flexible working can be exercised from day one of employment.

The employer will still not necessarily be obliged to agree the request, but if implemented, the new Employment Relations (Flexible Working) Bill will:

require the employer to consult with the employee before rejecting his or her flexible working request;

Allow the employee to make two statutory requests in any 12-month period;

oblige the employer to deal with the request within 2 months;

Remove the obligation on the employee to explain how the change in working can be dealt with.

It’s worth bearing in mind that employers will still be able to reject a statutory flexible working request on one of the following grounds;

extra costs that will damage the business
the work cannot be reorganised among other staff
people cannot be recruited to do the work
flexible working will affect quality and performance
the business will not be able to meet customer demand
there’s a lack of work to do during the proposed working times
the business is planning changes to the workforce

However there is a clear expectation that employers should reasonably consider a flexible working request, soon from day one.