Acas finalises flexible working requests code

Acas has published the final version of its code of practice for flexible working as changes to the legislation come into force today (6 April). 

The conciliation service recently published research showing that, despite a growing number of employers pushing for a return to the office, three in 10 have seen an increase in staff working from home in the past 12 months. Only 13% reported a decrease in home working over the past 12 months.

Under the new Employment Relations (Flexible Working) Act (2023), staff will now have a ‘day-one’ right to ask for flexible working arrangements, and can make two flexible working requests in a 12-month period. Previously employees needed to have 26 weeks’ continuous service and could only make one request.

Acas’ draft code of practice on requests for flexible working was published in January this year and has now been updated to reflect the final regulations and the results of consultations with employers.

The code outlines how a statutory flexible working request should be made and what employers should consider when handling a flexible working request.

It also spells out how employers should communicate their decision about a request and how any appeals should be handled. There is a new requirement that an employer must not reject a request without consulting an employee first, for example.

Acas chief executive Susan Clews said: “There has been a global shift to flexible working following the pandemic and it is clear from our poll that there’s a continued appetite among staff and employers.

“Some businesses have benefitted by reducing office costs as well as attracting the best talent. Staff can find flexible working valuable to better balance their working lives.

“Home or hybrid working are just some examples of an array of flexible working arrangements that are available. Our new draft code encourages employers to take a positive approach to flexible working and covers the new law changes.”

The new Code and guidance include practical examples for employers and employees on flexible working requests, and encourage employers to take a positive approach that does not reject requests by default.

This article was updated on 6 April 2024 to reflect the publication of the final code. 

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