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by Munro Research

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 employees' rights to request flexible working arrangements. It reduces the timeframe for employers to respond to requests, limits the number of requests employees can make, and clarifies the process for handling applications and appeals.

Description

The bill modifies Section 80F and 80G of the Employment Rights Act 1996 concerning flexible working requests. Key changes include:

  • Reducing the number of allowed requests: Employees can only make a maximum of two flexible working requests to the same employer within a 12-month period. Previous requests within that period will be counted.
  • Shortening employer response times: Employers now have only two months (instead of three) to respond to flexible working requests.
  • Mandatory consultation: Employers must consult with the employee before refusing a flexible working request.
  • Clarifying the "proceeding" status of applications and appeals: The bill clarifies what constitutes an "ongoing" application or appeal, ensuring fairness and managing the request process effectively.
  • Defining application conclusion: The bill explicitly defines when an application or appeal is considered "concluded," providing certainty to both employers and employees.

Government Spending

The bill is not expected to significantly impact government spending. The changes relate to employment law and processes, not direct financial allocations. No figures are provided in the bill text.

Groups Affected

The bill primarily affects:

  • Employees: Provides clearer rights and limits on the number of flexible working requests they can make.
  • Employers: Imposes stricter timeframes for responding to requests and mandates consultation before refusal, potentially increasing administrative burden.
  • Employment Tribunals: May see an increase in cases related to flexible working requests, given the clarified application process and shortened employer response times.

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