In a YouGov poll, it was revealed that 57% of British workers expressed a desire to have the option to work from home. This significant statistic reflects the shifting attitudes towards remote work and the need for legislative support to accommodate this growing trend.
The Employment Relations (Flexible Working) Act 2023, which received Royal Assent on 20 July 2023 and is likely to come into force in early 2024 (although no date has been confirmed by the government), is a piece of legislation that seeks to address the evolving landscape of work and aims to provide a framework for flexible working arrangements.
The Act was introduced in response to the unprecedented changes brought about by the COVID-19 outbreak, where a large number of employees in the UK had to adapt to working from home. Its main purpose is to facilitate easier access to flexible working requests (FWR) for employees, fostering open discussions between employers and their workforce regarding flexible work options.
So, how does the Employment Relations Act 2023 correlate with the desire for remote work among British workers?
The Act empowers employees to initiate conversations with their employers about flexible working arrangements, including the option to work from home., The act aims to promote a culture of open dialogue and mutual understanding. While the Act does not grant an absolute right to work flexibly or remotely, it lays the groundwork for more inclusive and accommodating work environments, although some argue that it could have gone further.
The changes to the current flexible working regulations are as follows:
- Employees will now be able to make two flexible working requests in any 12-month period.
- Requests have to be dealt-with by employers within 2 months of receipt of a request if no extension is agreed.
- Employers are not able to refuse a request until they have ‘consulted’ with the employee (although there is no legislative minimum requirement of what that ‘consultation’ needs to include).
- Employees will no longer, in their application, have to explain what effect the employee thinks agreeing to the request would have and how any such effect might be dealt with.
The government has also talked about making the right to request flexible working a ‘day one’ right (currently employees have to wait 26 weeks before they can make a request), but the Act does not provide this right, and the government has not brought forward any legislation to provide this right to date.
The impact of this legislation is likely to see employers receive an increase in flexible working requests. This will need to be dealt with properly by the business HR function. Taylor Emmet’s TE Assist service can ensure your business remains compliant. TE Assist offers expert HR and Employment Law support for businesses, ensuring they are well-equipped to handle such changes in employment legislation.
If you’re an employer and need further clarification on these changes or assistance in implementing them, speak to us about our TE Assist package and how it can benefit you.