A new Acas report states that 70% of workers and 43% of employers don’t know about changes to rules around statutory flexible working requests coming into force on 6 April 2024 – you can read the Acas report about flexible working changes on their website.
There are significant changes to rules for statutory flexible working requests. For example, it’ll be a day one right, employers have less time to respond, workers must be consulted and they can make 2 requests in 12 months. However, it remains a right to request, not a right to have flexible working.
To support these changes, a revised Acas draft code of practice on requests for flexible working establishes guidelines for making and responding to a statutory flexible working request.
We explored the changes to flexible working requests in more detail below.
On 6 April 2024, changes to the existing rules on statutory flexible working requests will come into effect, as set out in the Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023, amending Part 8A ERA 1996.
The request must be in writing and applies to employees only. The current reasons allowing for refusal will continue as set out under s80G (1)(b) ERA 1996.
Under the new rules:
- Employees can make a request from day 1 of employment (currently 26 weeks service required)
- The employer has 2 months to make a decision (currently 3 months) – unless otherwise agreed with the employee
- Employees can make 2 requests in a 12 month period (currently 1) – noting any requests in the 12 months prior to 6 April will count
- The employee will no longer have to explain the effect they think the request will have on the employer, and how any such effect might be dealt with
- An employer can’t refuse a request unless the employee has been consulted
A new Acas draft code of practice on requests for flexible working establishes guidelines for making and responding to a statutory flexible working request from 6 April.
There’s still no statutory right of appeal, but having an appeals process suggests that the employer handled the request in a “reasonable manner” as required by the Acas code of practice and s80G (1) (a) ERA 1996.
Employment tribunals must take the Acas code into account where relevant (section 207 TULRCA 1992).
Under s80H ERA 1996, the employee can complain to a tribunal if the employer:
- Fails to deal with their application in a reasonable manner
- Fails to notify them of the decision on their application within the decision period
- Fails to rely on one of the statutory grounds when refusing their application
- Bases its decision on incorrect facts, or
- Treats the application as withdrawn when the grounds entitling the employer to do so do not apply