From 6 April 2024, the UK’s flexible working landscape changed and if you haven’t updated your policies yet, you’re already behind.
Acas has released a new statutory Code of Practice on flexible working requests. It’s not just a guide; it’s a signal that flexible working is now a standard expectation, not a perk.
We break down what you need to know.
1. Day-One Right to Request
Previously, employees had to wait 26 weeks before they could request flexible working.
Now, every employee has the right to request flexible working from their first day on the job. This change opens the door for immediate discussions about flexible work options for new hires.
2. Two Requests Per Year
Employees can now make two flexible working requests in any 12-month period, instead of just one. This allows them to adapt to changing circumstances, but it also means employers need to be prepared for a potential increase in requests.
3. Mandatory Consultation Before Refusal
Employers can no longer reject a flexible working request without first consulting the employee.
This mandatory consultation aims to prevent employers from defaulting to saying ‘no’ and encourages a transparent discussion about what may be possible.
4. Faster Decision Timeline
The timeframe for employers to make a decision on a flexible working request has been reduced from three months to two months, including any appeal.
This provides employees with a clearer timeframe and avoids extended periods of uncertainty.
5. No Need to Explain Impact (for Employees)
Employees are no longer required to explain the effect that acceptance of their request might have on the business or how this could be minimised.
This change streamlines the application process and places the focus on exploring workable solutions.
6. Good Practice Recommendations
The new Code includes several good practice recommendations:
Allowing Companions:
Employees should be allowed to be accompanied by a fellow worker, a trade union representative, or an official at meetings to discuss requests. This provides emotional support and helps with understanding relevant information.
Post-Agreement Discussions:
After agreeing to a request, employers should offer the employee an opportunity for a discussion to clarify any further information to help implement the arrangement.
Providing Additional Information on Rejection:
Employers should provide additional information which is reasonable to help explain a decision to reject a request. This improves decision-making and transparency.
Impartial Appeals:
Wherever possible, a different manager should handle any appeal to ensure impartiality and fairness.
Final Thoughts
The new Acas Code of Practice is a clear message: flexible working is here to stay.
Employers need to move beyond outdated policies and embrace a culture that supports flexibility. It’s not just about compliance; it’s about attracting and retaining talent in a competitive market.
If you need assistance implementing or updating your flexible working policies and training your managers on these changes, we’re here to help.
