Corporate

Tracking the right-to-request flexible working from day one

HR Policy Manager·FTSE 250 Retailer

Project:Employment Rights Bill — Flexible Working

The Challenge

The Employment Rights Bill reshapes flexible working entitlements, unfair dismissal protections, and zero-hours contracts simultaneously. The team needs to know what changes, when, and what it means for 12,000 employees across 400 stores.

The Conversation

Employment Rights Bill — Flexible Working — Chat

What does the Employment Rights Bill actually change about flexible working? We have a lot of part-time retail staff.

The big shift is the right to request flexible working becomes a day-one entitlement — no more 26-week wait. Employers still have eight statutory grounds to refuse, but they now must consult before declining. For retail, the zero-hours provisions are likely more disruptive: workers with regular hours over a 12-week reference period get a right to a guaranteed-hours contract. Worth checking how your scheduling works against that threshold.

When does this actually kick in? And is ACAS updating their guidance?

The flexible working changes are already in force — the 2023 Act. The Employment Rights Bill extends this further but commencement dates are staggered; most provisions won't apply until 2026 at earliest, some later. ACAS published updated flexible working guidance in April and a new code of practice is expected before the zero-hours provisions commence. I'd run a deep dive on this — there's a lot of secondary legislation still being drafted.

Deep Dive Output

high confidence

Overview

The Employment Rights Bill represents the most significant reform to UK employment law in a generation. For retail employers, the combination of day-one unfair dismissal rights, guaranteed-hours entitlements for regular workers, and strengthened flexible working provisions creates a complex compliance picture. Most provisions will commence in 2026 via statutory instrument, with ACAS codes of practice expected to precede each commencement date.

Relevant Legislation

Employment Rights Bill 2024–25

Report Stage · Lords

Flexible Working (Amendment) Regulations 2023

In force · Secondary legislation

Workers (Predictable Terms and Conditions) Act 2023

In force · Royal Assent

Key Stakeholders

Liz Kendall

Secretary of State for Work and Pensions

Championing day-one rights as central to government's growth mission

ACAS

Advisory, Conciliation and Arbitration Service

Developing statutory codes of practice for new flexible working and dismissal provisions

Confederation of British Industry

Business lobby group

Raising concerns about pace of implementation and cumulative cost burden on employers

Trades Union Congress

Trade union federation

Backing the Bill but pushing for stronger day-one rights and union recognition provisions

Media Framing

Business press framing centres on compliance cost and implementation timelines. HR trade publications are focused on ACAS guidance gaps. Left-leaning outlets cover worker rights angle. Little coverage of retail-specific impacts.

Entity Graph

Liz Kendall

Secretary of State

ACAS

Regulatory body

CBI

Business lobby

TUC

Trade union body

What They Track

Employment Rights Bill commencement datesACAS flexible working code of practiceZero-hours contract regulationsEmployment tribunal caselaw

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