Rules over who can request to work flexibly and when will come into force next year

A person works on a laptop in a domestic setting — Photo by Windows on Unsplash

A new survey from Acas, Advisory, Conciliation and Arbitration Service, has found that nearly two-thirds of employees (64%) in London are not aware that they will have a right to request flexible working from their employer from day one of their job next year.

Flexible working is a way of working that suits an employee’s needs, for example having flexible start and finish times, or working from home.

The day one right to request flexible working will come into force on 6th April 2024. Additional law reforms on flexible working that are outlined in the Employment Relations (Flexible Working) Act 2023 are expected to come in at the same time.

Currently all employees who have worked for their employer for 26 weeks have the right to ask if they can work flexibly. The new change in the law will make this a right that applies from the first day of employment.

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 in London 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.”

Acas will produce a new statutory Code of Practice to support employers and employees through this change and other reforms which will be introduced next year.

Acas’s draft statutory Code of Practice on handling requests for flexible working includes information on who should be allowed to accompany an employee at meetings to discuss a flexible working request. It will make clear the need for transparency about reasons for rejecting a request and that employers should proactively offer an appeal where a request has been rejected.

Acas is a leading authority on workplace relations and dispute resolution in Great Britain. They provide free, impartial advice to employers and employees on workplace rights, rules and best practice. Acas is a non-departmental public body that is governed by an independent Council made up of employers, trade unions and independent members.

The consultation on this new draft Code has now closed and a final version of the Code will be published next year. The draft Code can be seen at: www.acas.org.uk/flexible-working-code-consultation

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