ACAS Consultation on New Draft Code of Practice on Handling Flexible Working Requests

Reform of the Statutory Framework

The Employment Relations (Flexible Working) Bill has cleared its third reading in the House of Lords and will shortly receive Royal Assent. When it comes into force, it will allow employees to make two flexible work requests in any 12 month period. Employers will be under an obligation to respond to a request within two months unless an extension is agreed. Employers cannot refuse a request until they have consulted with the employee, and employees will no longer have to explain what they anticipate the impact of their proposed new working arrangement will be on the organisation.

Notably, the Bill does not make the right to request flexible working a 'day 1 right'. The Government has said it will enact secondary legislation to effect this change when parliamentary time allows. This means that for now, employees will still need 26 weeks' service before they can make a flexible work request.

Consultation

In anticipation of these changes, ACAS has released an updated draft statutory Code of Practice on flexible working. The draft code is open for consultation until 6 September 2023. The updated Code will provide clarity on the legal aspects of the statutory right to request flexible working and offer practical advice on handling requests in a fair and reasonable manner.

The updated Code emphasises the importance of considering requests with an open mind and engaging in meaningful dialogue with employees. Employers are encouraged to explore alternative arrangements and not dismiss requests without proper consideration. The Code also recommends extending the categories of individuals who can accompany employees to meetings discussing flexible working requests, providing additional information to explain decisions, and offering an appeal process.

The consultation runs to the 6 September 2023 and responses can be submitted online or by email to consultations@acas.org.uk.

For more information regarding flexible working requests, please contact Ellie Boyd in our Employment law team on 020 7665 0940, or complete the form below.