Employment Relations (Flexible Working) Bill

Anticipating the imminent Royal Assent of the Employment Relations (Flexible Working) Bill, Acas has initiated a new consultation on its Code of Practice concerning flexible working requests.

The landscape of flexible working is evolving, with this style of work becoming increasingly favoured in many industries. It is worth noting that currently, all employees possess the legal right to request flexible working, provided they meet specific criteria – not restricted to parents and carers.

In light of the anticipated Employment Relations (Flexible Working) Act, which is expected to introduce significant changes, the government has pledged to make the right to request flexible working available from the very first day of employment. Among the proposed amendments, the Act will:

• oblige employers to consult employees before rejecting a request

• allow employees to make up to two requests within a 12-month period

• remove the requirement for employees to explain the business impact of their request

• reduce the decision period on requests from three to two months.

To align with these forthcoming changes in the law and adapt to the evolving work dynamics of modern workplaces, Acas has developed an updated draft statutory Code of Practice regarding flexible working requests. This Code offers guidance to both employers and employees on their statutory right to request flexible working, as outlined in the Employment Rights Act 1996.

Acas has undertaken an approach in updating the statutory Code of Practice to reflect the expected legislative reforms, the significant shift in the prevalence of flexible working in workplaces, and the changing perspectives since the initial Code's publication in 2014.

The draft Code aims to:

• encourage a positive approach to flexible working, where requests are not rejected by default without open-minded consideration and meaningful dialogue

• strengthen the Code’s good practice messaging, including:

  Who should be allowed to accompany an employee at meetings to discuss a request

  The need for transparency about the reasons rejecting a request

  Making clear that employers should proactively offer an appeal where a request has been rejected.

 Source: ACAS