ACAS launches its ‘Flex at Work’ Campaign ahead of changes to flexible working legislation

Current legislation

Currently, employees with 26 weeks’ continuous service have the statutory right to make one flexible working request in any 12-month period. When making a flexible request, employees are required to set out what effect they think the requested change would have on the business, and how that might be dealt with. Employers then have three months to deal with the flexible working request.

New legislation

Although it has received royal assent, the new flexible working legislation is not yet in force. Detailed regulations are expected to be implemented sometime in 2024.

Once implemented, employees will be permitted to make two flexible working requests in any 12-month period, and they will no longer need to set out a ‘business case’ for their flexible working requests. Upon receiving a request, employers will be required to deal with it in reasonable manner, and to make a decision within two months of the request.

Prior to the Act receiving royal assent it was expected that the new Act would also make flexible working request a ‘day one right’. There is no mention of this in the Act, however it is possible that it could be included in the regulations.

ACAS Guidance and Campaign

In light of the upcoming changes to the legislation, ACAS will issue an updated Code of Practice on how to handle flexible working requests under the new legislation.

In the meantime, ACAS has launched it ‘Flex at Work’ campaign to promote best practice under its existing Code of Practice. The aim of ACAS’ guidance is to provide employers and employees with a clear explanation of the law on the statutory right, and how employers can act reasonably when dealing with these requests. ACAS has launched a toolkit of useful posters explaining the flexible working process for employees and employers, as well as the different types of flexible working. ACAS posters and guidance can be found here.

The current Code encourages employers to adopt the following practices when dealing with flexible requests:

• Employees should be encouraged to make any type of request that relates to a disability as a separate ‘reasonable adjustment request’;
• Even where the employer intends on accepting the flexible working request, to hold a meeting with the employee to discuss their request to so that an appropriate arrangement is agreed and implemented well;
• Extending the categories of those individuals who may accompany an employee at meetings to discuss the flexible working request (as they would for a disciplinary/grievance hearing);
• Employers should set out such additional information as is reasonable to help explain their decision;
• Employers should allow an appeal where a request has been rejected.

Comment

Employers are encouraged to keep up to date with the changes in this area and to take the necessary steps to amend their processes and policies once the new regulations on flexible working are announced.

While we wait for the new legislation to come into force, any flexible working requests should be dealt with under the existing legislation as normal. ACAS’ resources are a great source of advice and guidance on the process, however, if you would like further support with flexible working requests, please speak to a member of the Employment Team who will be happy to advise.