Workplace expert, Acas, has today published its new statutory
Code of Practice on requests for flexible working alongside
accompanying guidance.
From today, all employees will have the right to ask
their employer if they can work flexibly from their first day of
employment. This right previously only applied if employees
worked for their employer for 26 weeks or more.
Susan Clews, Acas Chief Executive, said:
"There has been a global shift to flexible working following the
pandemic, which has allowed more people to better balance their
working lives and employers have also benefitted from being an
attractive place to work.
“Our new Code aims to foster flexible working further and covers
the new law changes. It sets out good practice on flexible
working requests and will help employers and employees avoid any
pitfalls.
“There are many types of flexible working such as part-time
working, flexitime, job sharing, staggered hours, hybrid and
homeworking. The starting position for businesses should be to
consider what may be possible.”
The new Code covers the new changes to the law around statutory
flexible working requests. These are:
-
A new right to request flexible working from the first day of
employment
-
Allowing an employee to make two flexible working requests in
any 12-month period rather than one
-
A new requirement that an employer must not reject a request
without consulting the employee first
-
Employers now having two months to decide on the request
rather than three months.
The new Code underwent a consultation process in its draft form
last year. 77% of respondents to the consultation agreed that
Acas should reconsider the overall good practice principles when
updating the Code to reflect changes to the law.
The Code encourages employers to take a positive approach to
flexible working so that requests are not rejected by default
without due consideration and an open dialogue about what may be
workable.
It is important for employers to comply with the Code as any
breach may be considered by an employment tribunal for relevant
cases.
Acas has also published new detailed guidance to accompany the
Code, which provides practical examples for employers and
employees on flexible working requests.
The new Code and guidance can be seen at: www.acas.org.uk/flexibleworking
Notes to Editors
-
Acas has advice on flexible working www.acas.org.uk/flexibleworking and
training courses for employers about flexible working that
are available to view here.
-
Acas held a public consultation on
the Code which took place between 12 July and 6
September 2023. 162 responses were received. 61% of all
responses were from individuals and the remaining 38% were
from organisations that included large organisations, small
and medium sized enterprises (SMEs), trade unions or other
employee representative organisations and employer
representative organisations or organisations. The
submissions helped to shape Acas's thinking and drafting of
the new Code. Acas's response to the consultation is
available at: https://www.acas.org.uk/about-us/acas-consultations/code-of-practice-flexible-working-requests-2023/response
