Right to request flexible working to be extended

The Government has committed to extending the right to request flexible working to all employees. 

On 13 November 2012, the Government published Consultation on modern workplaces - government response on flexible parental leave (PDF format, 313K) (on the UK Government website). The Government proposed that, from 2014, it would:

  • extend the right to request flexible working to all employees (not just those with parental responsibility for a child, or caring responsibilities for an adult);
  • replace the current "right to request" procedure with a duty on employers to deal with requests in a reasonable manner, and within a "reasonable" period of time;
  • create a statutory code of practice to give guidance on the meaning of "reasonable" to employers; and
  • provide guidance to employers on how to prioritise conflicting requests that are received at the same time. 

The 26-week qualifying period for employees to make a request for flexible working will be retained. The Government has also decided to keep the restriction that means that employees can make only one flexible working request in any 12-month period. 

On 5 February 2013, the Government published the Children and Families Bill (on the UK Parliament website). The Bill amends the provisions around the right to request a flexible pattern of work by: removing the requirement for the employee to be a carer to qualify for the right to make a request; replacing the requirement for the employer to deal with the request in accordance with the statutory procedure with a requirement to "deal with the application in a reasonable manner"; and requiring the employer to notify the employee of its decision within a "decision period" of three months of the application (or longer if this is agreed). 

On 25 February 2013, Acas launched a consultation on a draft statutory code of practice that sets out the principles that employers should follow when managing requests under the extended right to request flexible working (Acas consultation on draft code of practice on the extended right to request flexible working (PDF format, 85K) (on the Acas website)). The draft code states that employers should do the following:

  • Arrange to talk to the employee as soon as possible after receiving his or her written request (unless the intention is to approve the request). 
  • Allow the employee to be accompanied by a work colleague at any discussion. 
  • Discuss the employee's request with him or her, where possible in private. 
  • Approach requests from the presumption that they will be granted unless there is a business reason for not doing so. 
  • Inform the employee of the decision in writing as soon as possible. 
  • If the employee's request is granted, or granted with modifications, discuss with the employee how and when the changes might best be implemented. 
  • If the employee's request is rejected, ensure that the rejection is for one of the business reasons permitted by legislation and allow the employee to appeal it. 
  • Consider and decide on all requests, including any appeals, within a period of three months from initial receipt, unless an extension is agreed with the employee. 

Acas will produce a separate non-statutory guide that will provide good practice guidance for employers, beyond the scope of the statutory code of practice. 

In the consultation, Acas is seeking views on the draft code (which is 13 paragraphs long) and responses to three questions:

  • Does the code give enough information on the principles involved in managing the extended right to request flexible working? 
  • Does the code allow employers to use their existing procedures to handle requests from employees who ask to work flexibly? 
  • Are there any aspects of the code that respondents to the consultation would like to see discussed in more detail in the good practice guide? 

The consultation closes on 20 May 2013. 

According to the Government's report, Employment law 2013: progress on reform (PDF format, 511K) (on the UK Government website), the extension will be effected in spring 2014. 

HR & Compliance Centre guidance

Government guidance and documents