Acas Consultation on Flexible Working Code

acas flexible working code

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Acas has launched a consultation on updates to its statutory Code of Practice on handling requests for flexible working.

The current Code was published in 2014 and the new draft reflects significant shifts in ways of working since then as well anticipated changes to the law.

All employees who have worked for their employer for 26 weeks or more currently have the right to ask if they can work flexibly. A planned new change in the law will make this a right that applies from the first day of employment.

This change is part of a series of anticipated law reforms on flexible working that are currently being considered by Parliament and are expected to come into force next year.

The revisions in the draft Code encourage employers to take a positive approach to flexible working so that requests are not rejected by default without due consideration and an open dialogue about what may be workable. It includes information on:

  • who should be allowed to accompany an employee at meetings to discuss a request
  • the need for transparency about reasons for rejecting a request
  • making it clear that employers should proactively offer an appeal where a request has been rejected

Susan Clews, Acas Chief Executive, said:

“Rapid advances in technology alongside changes to the way many people now work since the covid-19 pandemic have contributed to a substantial shift in flexible working globally.

“It has allowed more people to better balance their working lives and employers have also benefitted from being an attractive place to work for skilled staff that value flexibility.

“Our new draft Code strengthens good practice on flexible working and addresses important upcoming changes to the law. We are keen to get views to ensure that it is clear and relevant for the modern workplace.”

The consultation closes on 6 September 2023.

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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