Employment Relations (Flexible Working) Act 2023

Policy background

2. In 2003, legislation came into force which provided employed parents, and certain other carers, of children under the age of 6 (or disabled children under 18) with 26-weeks of continuous service [with their employer] a statutory right to request a flexible working arrangement – for example a change to their work location, working hours and/or associated working pattern. This was extended to carers of adults (2006) and children under 17 (2009).
3. In 2014, as part of the Children and Families Act, the right to request flexible working was extended to all employees with 26 weeks continuous service. The statutory framework is intended to:
   • provide employees with access to contractual flexible working;
   • help employees to better reconcile their work and non-work lives; and
   • help employers to secure the business benefits of flexible working.
4. In September 2021, the Government published a Post Implementation Review of the 2014 Flexible Working Regulations 1 . This found that the majority of employees (80%) and employers (96%) report availability of flexible working at their workplace. The Review also found that in 83% of workplaces, where a request had been made, the request was granted. However, the Review also found that flexible working take-up has remained broadly flat since 2014 (an all-economy average of 59%) – as well as highlighting differences in reported take-up and availability across sectors, occupations, gender and size of workplace.
5. In the same month (September 2021), the Government published a consultation on proposals to encourage a better dialogue about flexible working opportunities, to increase the frequency of requests and to speed up the administrative process.