Acas has published a draft statutory Code of Practice following consultation in 2023. If approved (and we're assuming it will be!) the Code is expected to come into force in April. Acas has stated that it will publish its full response to the consultation before the new Code comes into effect.
By way of recap, flexible working is due to become a day one right on 6 April 2024 by virtue of the Flexible Working (Amendment) Regulations 2023. Meanwhile, under the Employment Relations (Flexible Working) Act 2023 the Employment Rights Act 1996 will be amended so that an employee will no longer have to explain what effect, if any, they think their requested change will have and how this should be dealt with. They will be entitled to make two requests in any 12-month period, and an employer won't be permitted to refuse a request unless the employee has been consulted with. The time for an employer to come to a decision on a request will also be reduced from three to two months.
Although a government press release at the time the Act received Royal Assent (last July) stated that the changes would come into force in approximately one year, it is now anticipated that they will come in at the same time as the day one right to make a flexible working request; which is presumably why Acas has published its draft Code of Practice ahead of time.
The foreword to the Code notes that flexible working is a broad term that is used to describe any working arrangement that meets the needs of both the employee and the employer regarding when, where and how an employee works. It points to the benefits that an investment in flexible working can bring, including better work/life balance, creating more diverse and inclusive workplaces, and improving staff retention and recruitment.
Acas recommends that, where possible and appropriate, employers should build flexibility into job roles when designing jobs, and advertise during recruitment that they are open to discussing flexible working options. The starting position should be to consider what may be possible. Acas also states that meetings about requests should be approached with an open mind as they are a valuable opportunity to listen and engage meaningfully with each other so that a fully informed, evidence-based decision can be made. This will include jointly exploring alternative solutions if the original request cannot be accepted.
