The conciliation service ACAS has issued a consultation about updating its statutory Code of Practice (last published in 2014) on how employers should handle requests for flexible working.
The organisation will also update its non-statutory guidance which sits alongside the code in advance of reforms to the existing legislation which is currently being considered by parliament. If passed, a new right to request from day one of employment will come into effect at that point.
The aim of the code is to provide employers, employees and representatives with a clear explanation of the law on the statutory right to request flexible working, along with examples of good practice on how employers should handle requests.
The updated code will also aim to encourage a more positive approach to flexible working. In particular, ACAS wants to emphasise the importance of fostering an environment in which requests are not rejected by employers by default. Instead, it wants to encourage a greater sense of open-mindedness and meaningful dialogue between employers and employees.
It is, therefore, keen to hear views on what guidance would be most beneficial for users on the new and important requirement for consultation with an employee before a request can be rejected.
The new code will also try to strengthen that message by including information on:
- Who should be allowed to accompany an employee at meetings to discuss a request,
- The need for transparency about reasons for rejecting a request, and
- Making it clear that employers should proactively offer an appeal where a request has been rejected.
ACAS wants all interested individuals and organisations to respond to the consultation which will close at 11.59pm on 6 September 2023.
To access the consultation document, click here.