Flexible working can be requested from first day of job - what the rules mean

Ministers said they wanted to make "flexible working the default" for employees, but there are still be grounds for companies to reject a request.

Flexible working includes working from home, job sharing, compressed hours, flexitime, part-time or term time-only working.

Workers on zero-hours contracts will also get new rights giving them the freedom to earn more money under the proposals, the Government said.

Previously, an employee must have worked 26 weeks before requesting a flexible working agreement. There was also a broad scope for businesses to reject the claim and a decision did not have to be made for three months. The Employment Relations (Flexible Working) Act 2023 now forces employers to consult with workers and discuss alternatives rather than outright rejecting the request, with the process completed within two months.

Previously, a request could only be made every 12 months, but this has been extended to two a year in the legislation. Workers will also no longer have to explain the reasons why they are requesting flexible working, according to Sky News.

Meanwhile, 1.5 million people earning less than £123 a week will not be prohibited to adhere to exclusivity clauses, meaning they can hold more than one job. This will help people like students and carers who need more flexibility over where they work, the Department for Business, Energy and Industrial Strategy (BEIS) hopes.

It should also see lower job vacancy numbers.

Half of working mums said their flexibility request was rejected or only partly accepted, in a survey for the TUC union and Mother Pukka.

Of the 13,000 polled in 2022, 86% said they had faced discrimination and disadvantage at work due to their flexible work arrangements.

Meanwhile two in five mothers (42%) said they wouldn't feel comfortable asking about flexible working in an interview for fear of discrimination.

This is despite the legal right to request flexible working being in place for 20 years.

Although the new laws came into force in April 2024, the Labour Government announced plans in October for the Employment Rights Bill, which would broaden laws and make flexible working the default "where practical".

Business Secretary Jonathan Reynolds said: "The best employers know that employees are more productive when they are happy at work. That is why it’s vital to give employers the flexibility they need to grow whilst ending unscrupulous and unfair practices."