United Kingdom: Acas publishes draft code of practice on flexible working requests

22 Jan 2024    2 minute read
EC Featured Content Workforce Redesign Flexible Working

In brief

Acas has published its draft revised code of practice on requests for flexible working. It provides statutory guidance to both employers and employees when dealing with flexible working requests. The code reflects changes to the right to request flexible working which will come into force in April 2024.

Contents

In more detail

As previously reported, changes to the law on the right to request flexible working will come into force from 6 April 2024. These will make the right to request flexible working a "day one" right (requiring no length of service) and will allow employees to make up to two statutory requests for flexible working in any 12-month period (currently only one request can be made each year) and employers will be required to decide whether to grant the request within two months (currently three). Employers will be required to consult with the employee before rejecting a request, and employees will no longer have to explain what, if any, effect the change would have on the employer and how that might be handled.

The existing statutory code of practice was published in 2014, and in 2023 Acas consulted on changes to the code to reflect modern business practice as well as the upcoming legal changes. The revised draft code has now been published, and Acas intends to publish a full response to the consultation, as well as further non-statutory guidance, before the code comes into force.

The draft revised code has been designed to provide clarity to employers and employees on making and handling requests for flexible working. With the new day one right, the code will apply to every employee and employer. It addresses how an employee should make a request for flexible working, an employer’s obligation to consult with the employee, and how the decision should be communicated to the employee. While not legally required, it also addresses good practice points such as whether to allow employees to appeal against an employer’s decision, and in what circumstances an employee should be permitted to be accompanied to a meeting. It does not yet contain any guidance on the right to request a predicable working pattern, for employees on variable contracts. This right, broadly modelled on the right to request flexible working, is anticipated to come into force in Autumn 2024.

The draft code of practice is here. The date that it will come into force has not yet been formally announced.

For advice or to discuss what this means for you and your business, please get in touch with your usual Baker McKenzie contact.

Contact Information
Julia Wilson
Partner
London
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julia.wilson@bakermckenzie.com
Kim Sartin
Partner
London
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kim.sartin@bakermckenzie.com
Rachel Farr
Senior Knowledge Lawyer
London
rachel.farr@bakermckenzie.com

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