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Advice For Employers & HR Professionals

Changes to the Flexible Working Request Statutory Framework

Since 2014, employees with at least 26 weeks’ continuous service have had the statutory right to make a flexible working requests, be that a change to their hours, place of work or working days. Employers could push back on such requests provided the refusal is based on one (or more) of the eight prescribed business reasons.

From 6 April 2024, the statutory framework for flexible working requests is changing and an updated ACAS Code of Practice on Handling Flexible Working Requests is coming into effect.

Key changes from 6 April 2024
  • Employees will be able to make a flexible working request from the first day of their employment.
  • Employees will be able to make two flexible working requests in any 12-month period; an increase from the previous regime which limited employees to one request in that period.
  • Employers will be required to inform employees of their decision on a flexible working request within two months of it being received (a reduction from three months). Any appeal against a decision raised by the employee must also be dealt with in this timeframe.
  • Before coming to a decision on a flexible working request, employers will be required to consult with an employee.
  • Whilst an employee will be required to explain the changes that they wish to make to their working pattern, it will no longer be necessary to set out how their request might impact on their role or their employer’s business and what can be done to minimise the impact of those effects.
What’s staying the same post-6 April 2024?
  • Employers can only refuse flexible working requests on the basis of one or more prescribed business reasons.
  • Flexible working requests must be dealt with by employers in a “reasonable manner”. There’s no statutory definition of “reasonable manner” however employers should read and take on board the recommendations in the updated ACAS Code of Practice on Flexible Working Requests (see further below).
  • Employees must state in writing that a request is being made pursuant to the statutory procedure for it to be treated as such.
  • Employees can bring claims in the Employment Tribunal against Employers who fail to deal with requests in accordance with the statutory regime or in an unreasonable manner, or who reject an application based on incorrect facts. Compensation is capped at eight weeks’ pay.
Key takeaways from the ACAS Code of Practice on Handling Flexible Working Requests

Like all ACAS codes of practice, ACAS’ Code of Practice on Handling Flexible Working Requests (which comes into effect on 6 April 2024) would be taken into consideration by Employment Tribunals which are determining claims relating to requests to work flexibly. As such, it’s important that employers have regard to it and take on board what ACAS considers to be best practice. Some of the key points include:

  • Make sure your policies relating to flexible working are clear. They should be up to date and reflect the updated legal position. In turn, you should provide training to managers and your HR team to make sure they understand the policy and the new legislation, and inform employees about the updated policy and where they can find it.
  • Upon receiving a request, meet with the employee so that you can fully understand their request and answer any questions relating to the process or more generally. In any event, you mustn’t reject a request without first consulting the employee.
  • Whilst it isn’t a statutory right, allowing an employee to be accompanied to any meetings about their flexible working request demonstrates your willingness to be operate your flexible working policy and process fairly and reasonably.
  • Properly consider the flexible working request before coming to a decision. You should carefully assess the effect of the requested change for both you and the employee, such as the potential benefits or other impacts of accepting or rejecting it.
  • If the request cannot be agreed, you will be expected to explore the alternatives and try to reach a compromise with the employee. It may be helpful to discuss whether a trial period may be appropriate to assess the feasibility of an arrangement.

If you have any questions about the new statutory framework regarding flexible working requests, or if you would like assistance in updating your flexible working policies, please do get in touch with us.

We will also be hosting a virtual coffee morning on 20 June 2024 where we will run through the changes with you, and this will also offer an opportunity for you to ask questions at the end of this interactive session.   If you are interested in booking a place, please click to register for your free place via Eventbrite.

 

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