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Flexible working Day 1 right as of April 2024

From 6 April 2024, the right to make a flexible working application applies from the first day of an employee’s employment.

Currently the right to request flexible working is subject to a 26-week service requirement. On 5 December 2022, in a response to a 2021 consultation, the government committed to making the right to request flexible working a Day 1 right. This has been effected via the Flexible Working (Amendment) Regulations 2023 which omit, as of 6 April 2024, reg. 3 of the Flexible Working Regulations 2014 meaning that the requirement to have 26 weeks of continuous employment will not apply to applications made on or after that date.

Other changes to the flexible working regime will be made via the Employment Relations (Flexible Working) Act 2023 but the relevant implementing regulations have yet to be made.