For further information or advice on managing flexible working requests, please contact our employment law specialists on 01332 226 155 or fill in the form below.
Acas has launched a consultation on a draft Code of Practice aimed at revolutionising how flexible working requests are handled.
Employment|31 July 2023
Insight
Acas has launched a consultation on the draft Code of Practice (the Code) for handling flexible working requests that aims to incorporate changes in working practices resulting from the COVID-19 pandemic and proposes amendments to the rules on flexible working. Acas is also planning to update its non-statutory guidance which sits alongside the Code.
The draft Code of Practice aims to offer employers, employees, and representatives clear guidance on the statutory right to request flexible working while providing advice on handling such requests in a reasonable and fair manner. In light of recent changes, the Code encourages employers to adopt a more positive approach to flexible working, promoting open-minded consideration and meaningful dialogue rather than automatically rejecting requests.
Accompaniment at meetings: The Code now extends the categories of individuals who may accompany an employee to meetings discussing a flexible working request to align with those applicable to disciplinary and grievance hearings.
If an employer rejects a flexible working application: The Code recommends providing the employee with ‘such additional information as is reasonable’ to help them understand the reasoning behind the decision. This means employers should go beyond citing the business reasons for rejection, fostering transparency and clarity.
Right to appeal: The Code advises that employers should allow employees to appeal if their flexible working request is rejected. This provision ensures that employees have an avenue to challenge the decision, encouraging fairness and accountability in the process.
Changes to the rules on flexible working: In addition to the Code of Practice, it is important to note that the Employment Relations (Flexible Working) Bill 2022-2 is set to introduce significant changes. The key amendments under consideration include:
While the Employment Relations (Flexible Working) Bill is in its final stages and expected to become law soon, separate regulations are required before the changes come into force. We anticipate these regulations to be introduced next year, providing employers with time to prepare and adapt their policies accordingly.
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