The legislative step in July
The Act changed the framework governing statutory flexible-working requests, including the number of requests and the decision period, with commencement to follow. A separate regulatory change removed the service qualification from April 2024. Those components should not be collapsed into a claim that all employees gained the later process in July 2023.
For recruiters, the direction of travel was clear enough to justify a briefing review. A right to request an arrangement is different from an employer having already approved that arrangement for a particular role. Candidate conversations become unreliable when those two things are presented as interchangeable.
What flexibility does this role actually offer?
A healthcare post may require presence at a clinical site while still allowing a particular shift pattern. An office-based recruitment role may permit remote days but require cover at fixed times. Simply labelling both jobs flexible gives candidates little information about whether the vacancy can work for them.
A useful brief records the location, expected attendance, hours, rota requirements and any approved alternatives. It also identifies who can consider a variation. Recruiters can then describe what is known, record a candidate’s questions and return any proposed change to the employer, rather than negotiating terms they have no authority to approve.
Prepare a brief that avoids loose promises
Key Med Solutions can help turn client-approved working arrangements into structured sourcing fields and clear interview notes. Candidate-engagement support can check practical availability early, provided the questions are consistent and relevant. This helps a hiring manager understand a potential mismatch before several rounds of interviews have been arranged.
Version control is important when a manager agrees a change during the search. The advert, screening guide and offer instructions should be updated together, with the approval recorded. Otherwise, later candidates may be assessed against an earlier working pattern while the preferred candidate has been discussing a different role.
The 2023 lesson is to treat flexibility as specific information that needs an owner. Key Med can assist with research, records and coordination, while the employer decides which arrangements it can offer and handles statutory requests. Any legal assessment should come from the client’s HR or employment advisers, using the rules relevant to the period.
The source material
- Employment Relations (Flexible Working) Act 2023: stages ↗UK Parliament · 2023-07-20
- Employment Relations (Flexible Working) Act 2023: explanatory notes ↗UK legislation · 2023-07-20
Retrospective briefing · Published 4 November 2026. Historical figures and measures describe their period; consult current official guidance before acting. This article provides operational context. Legal, immigration, clinical and financial decisions need the responsible organisation’s qualified advisers.

