In a recent survey conducted by Acas, it was revealed that a significant majority of employees - a staggering 70% - are unaware that a change in employment law is on the horizon. Starting from 6th April 2024, employees in the UK will gain the right to request flexible working arrangements from their employers from day one of their employment.
As it stands, employees who have completed a minimum of 26 weeks with their employer are entitled to request flexible working. This typically includes options such as flexible start and finish times, remote work, job sharing, part-time work, compressed hours, flexitime, staggered hours and phased retirement. However, the upcoming change will extend this right to all employees from their first day on the job.
To ensure a smooth transition and fair treatment of employees, the law requires employers to handle flexible working requests in a "reasonable manner." This includes assessing the pros and cons of the application, holding meetings with the employee to discuss the request and providing an appeals process. If an employer fails to handle a request reasonably, the employee has the option to escalate the matter to an employment tribunal.
Employers can still refuse a flexible working application if they have a legitimate business reason for doing so. However, this decision must be made transparently, with the employer clearly stating the reasons for rejecting the request. The employee also has the right to appeal the decision.
In anticipation of the upcoming changes, Acas is set to release a new statutory Code of Practice on handling requests for flexible working. This code is designed to guide both employers and employees through the process, offering information on who should accompany an employee during discussions, the importance of transparency in rejection reasons and the proactive offering of an appeal process following a rejected request.
Acas Chief Executive, Susan Clews, said:
"There has been a substantial shift in flexible working globally, which has allowed more people to better balance their working lives and employers have also benefitted from being an attractive place to work.
"It is important for bosses and staff to be prepared for new changes to the law around the right to request flexible working, which will be coming into force next year.
"Acas has just consulted on a new draft Code of Practice, which strengthens good practice on flexible working and addresses important upcoming changes to the law. The final new Code will be published next year."
