For those of you who have been following this area of development closely, you will know that for a long time, we have only had confirmation that flexible working will become a day one right, despite when the legislation was passed, it would bring in several changes.
However, on returning from the Easter break, it has been confirmed that all the changes set out in the legislation will come into force all on the same day – the 6 April 2024.
New Statutory Rules for Flexible Working Applications
To clarify; if you receive a flexible working application on or after 6 April 2024, these are the new statutory rules that apply:
- All employees, regardless of length of service can submit a flexible working application
- Employees can make two requests per 12-month period
- A request must be dealt with within two months of receipt of a request (assuming no extension is requested)
- Employers must consult with employees before refusing a request.
- Employees are no longer required to set out in their application form the impact that their proposed new working arrangement would have on their role and how it would be dealt with
- Flexible working will become a day 1 right for all employees.
Acas Code of Practice Update
Don’t forget too, that we reported last month that the Acas Code of Practice had been revised and in particular, it clarified that:
- The overall good practice principles have been reconsidered
- It includes new guidance on consulting with employees, specifically that if a request cannot be accepted in full, the employer and employee should discuss this, including any potential modifications to the original request or alternative options
- It makes it clear that there is no statutory right to be accompanied at a flexible working meeting however it does explain that allowing an employee to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union is good practice.
- The scope of the recommendation that an appeal is handled by a different manager has broadened. Where it previously advised this for larger organisations, it now recommends this approach “wherever possible”.
- The tone an positioning of the Code is that an employer’s starting position should be to look consider what may be possible and to accept requests wherever it may be feasible to do so.
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If you need help navigating this legislation in your workplace, our expert team can help. Contact us on 0844 324 5840 or get in touch with us here.
