Following a consultation (ELR 831), ACAS has published guidance for employers and employees on the right to request flexible working from day one of work. The new code is expected to come into effect in April 2024.
To be valid, the request must be in writing, stating that it is a statutory request and include:
- the date of the request
- the change the employee requests to the terms and conditions of their employment in relation to their hours, times or place of work.
- the date the employee would like the change to come into effect.
- if (or when) the employee has made a previous request for flexible working to the employer.
Although employees can make two statutory requests within any 12-month period, they can have only one live request at any one time. Once they have made their request, it is deemed to remain “live” until the employer decides, the employee withdraws the request, or the employer and employee agree on an outcome together.
Once the employer has decided about the request, they must inform the employee of their decision in writing, considering the statutory two-month period for deciding requests including any appeal.
Employers must handle every request in a “reasonable manner”. This should include carefully assessing the effect of the requested change for both the employer and the employee, such as the potential benefits or other impacts of accepting or rejecting it.
Employers must agree to a flexible working request unless there is a genuine business reason not to as set out in the Employment Rights Act 1996:
- the burden of additional costs
- an inability to reorganise work amongst existing staff.
- an inability to recruit additional staff.
- a detrimental impact on quality
- a detrimental impact on performance
- a detrimental effect on the ability to meet customer demand.
- insufficient work available for the periods the employee proposes to work.
- planned structural changes to the employer's business.
To read the code in full, click here.