Explanatory note

These Regulations amend the Flexible Working Regulations (S.I. 2014/1398) (“2014 Regulations”) and provide that the right to make a flexible working application applies when an employee begins employment (a day 1 right).

Currently, regulation 3 of the 2014 Regulations imposes a condition on employees to have been continuously employed for 26 weeks before being entitled to make a flexible working application. Regulation 2 of these Regulations omits regulation 3 of the 2014 Regulations with effect from 6th April 2024, meaning that the requirement to have 26 weeks of continuous employment will not apply to applications made on or after that date. No conditions as to duration of employment need to be satisfied by an employee in order to be entitled to make a flexible working application on or after 6th April 2024.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector has been produced and is published alongside these regulations.