Employment Relations (Flexible Working) Act 2023
Official Summary
A Bill to make provision in relation to the right of employees and other workers to request variations to particular terms and conditions of employment, including working hours, times and locations.
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Overview
This bill amends the Employment Rights Act 1996 to improve the existing right for employees to request flexible working arrangements. Key changes include limiting the number of requests employees can make, shortening employer response times, and requiring employers to consult with employees before refusing a request.
Description
The bill modifies Section 80F and 80G of the Employment Rights Act 1996. Specifically:
- Limits on Requests: Employees are limited to making a maximum of two flexible working requests to the same employer within a 12-month period. A further request cannot be made while a previous request is being processed (i.e., "proceeding").
- Employer Consultation: Employers are now legally required to consult with the employee before refusing a flexible working request.
- Shorter Response Time: The time employers have to respond to flexible working requests is reduced from three months to two months.
- Definition of "Proceeding" and "Concluded": The bill clarifies when an application is considered "proceeding" and "concluded," encompassing the initial application, any appeals, and extensions to the decision period.
Government Spending
The bill is not expected to significantly impact government spending. The changes are primarily procedural and relate to employment law, not direct government financial outlays.
Groups Affected
The bill will affect:
- Employees: Provides clearer guidelines on flexible working requests and limits the number of requests they can make within a year.
- Employers: Imposes a legal obligation to consult with employees before rejecting requests and shortens the response time for applications.
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