ACAS consults on updated code of practice on flexible working

By Joanne Bell & Nick Chronias

Published 10 August 2023

Overview

ACAS is updating its statutory Code of practice on handling requests for flexible working and is consulting on the draft code. The consultation closes on 6 September 2023.

The facts

The new draft Code of Practice on flexible working reflects the significant shifts in the ways of working since the current Code was published in 2014 as well as anticipated changes to the law. The Code is more detailed than the previous version and seeks to encourage a more positive approach to flexible working. In the accompanying consultation document, ACAS acknowledges that rapid advances in technology, and the Covid-19 pandemic, have brought about changing attitudes to flexible working for many employers. It is seeking to bring the Code in line with current best practice.

The Private Members' Bill - Employment Relations (Flexible Working) Bill, which has recently received Royal Assent, will make changes to the statutory process for making a flexible working request (further details below in our table on the progress of Private Members' Bills). Furthermore, the government confirmed last year that it will make the right to request flexible working a ‘day one’ right. These changes are expected to come into force next year.

The updated Code is intended to provide employers, employees and representatives with advice on how the new flexible working rules should work in practice.

In the foreword to the consultation, ACAS states that it is especially keen to hear views on what guidance would be most beneficial for users on the new requirement for consultation with an employee before a request can be rejected (from the Private Members' Bill). The draft Code also seeks to strengthen the Code’s good practice message by:

extending the categories of those individuals who may accompany an employee at meetings to discuss a request to include trade union representatives/officials;