In the Know - 27th July 2023

Flexible working reforms gain Royal Assent

Proposed changes to the current flexible working system will come into place, it was confirmed last week, after the Employment Relations (Flexible Working) Act 2023 was granted Royal Assent.

• The Act will introduce a new requirement for employers to consult with the employee before rejecting their flexible working request , employees will be entitled to make two statutory requests in any 12-month period (rather than the current one request per year) and employers will need to deal with requests within two months (reduced from the current three months).
• The Act will also remove the requirement for the employee to explain what effect, if any, the change requested would have on the employer and how that effect might be dealt with.
• Although not covered in the Act, the government have said that they will give employees the right to request flexible working from day one of employment, removing the 26 weeks qualifying service requirement. It is expected that this will be confirmed in new regulations in due course.
• ?Acas has issued a consultation on an updated statutory Code of Practice on handling flexible working requests , to support the new legislation. The consultation will remain open until 6 September 2023
• The government says it expects the Act and secondary legislation to come into force approximately a year after the Act gained Royal Assent to give employers time to prepare, so this is unlikely to happen until Summer 2024.

High Rise Building Registrations Underway

Over 700 applications have been made to the new Building Safety Regulator (BSR) since the registration process opened last month. It is now a legal requirement for all high-rise residential buildings to be registered with the BSR, meaning all those responsible for the safety of buildings have until the end of September to register.

If those responsible do not register their buildings by September 2023, they may face prosecution.

Did you know?

High-rise residential buildings are defined as at least 18 metres in height or have seven or more floors containing at least two residential units. Act now if you are responsible for a high-rise residential building.

Minimum Service Level Act receives Royal Assent

The Strikes (Minimum Service Level) Act, which has now received Royal Assent, will enable the government to introduce minimum service levels during strikes.

It intends to proceed with plans to implement minimum service levels for passenger rail services, ambulance services and fire and rescue services following consultation. Other services that will eventually be affected include border security, education and the nuclear sector.

Did you know?

From 10 August 2023, it will once again be unlawful for employment agencies to knowingly supply temporary agency workers to an end user to cover for workers who are on strike.

New jobs passport for injured veterans

The Department for Work and Pensions (DWP) is introducing an Adjustments Passport to provide support for those left with disabilities after serving in the armed forces.

The Passport provides a transferable record of any workplace adjustments the service leaver may need, such as changes to working hours or specialist equipment, making it easier for them to transition into work and to progress and move between jobs.

Did you know?

This should make it easier for employers to comply with their duty to make reasonable adjustments for disabled employees and save time and costs as further assessments won’t be needed.

Refusal to allow the mother to be present at disciplinary

A teaching assistant was suspended and in the suspension letter was told that she was forbidden from having any communication with colleagues. At the disciplinary hearing, she attended with her mother because she could not contact colleagues, but her mother was asked to leave.

She was dismissed for gross misconduct and raised a claim for failure to make reasonable adjustments and harassment.

Did you know?

The tribunal concluded that as the school knew that she was disabled and may need support, the school should have allowed her to be accompanied by her mother and her claims succeeded.

Employers will need to make sure that their teams are fully aware of the changes to managing flexible working requests when the new legislation comes into force. Contact our 24-hour Advisory Service for up-to-date guidance on this and more.

Please contact the 24-Hour Advice Service for advice on your specific situation before acting on the information in this publication.

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