Request For Flexible Working Changes: New 2024 Rules and Acas Code of Practice: All Employers Need to Know

The request for flexible working changes in 2024 has been significant for employees and employers. Since April 6, the rules regarding flexible working rights have changed. In conjunction with these changes, Acas has also produced its statutory Code of Practice for employers to adhere to when handling a flexible working hours request.

Before the changes to flexible working rules on April 6, a survey by Acas revealed that 70% of employees were unaware of the upcoming law change, making it easier to request flexible working. They also found that 43% of employers were similarly in the dark about the amended legislation.

In this article, we explore the new rules regarding the right to request flexible working and set out the key points from the recently published Code of Practice.

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What is flexible working?

Also known as making a ‘statutory application’, a flexible working request is an employee’s request to change their contract; usually, it is a request to change their working hours, shift patterns or working location.

The right to request flexible working is a legal entitlement, and any attempt by the employer to prevent an employee from asserting a statutory right could result in an Employment Tribunal claim.

Who is eligible to make a statutory request for flexible working?

All employees are entitled to request flexible working.

Is there a minimum length of service required before someone can put in a flexible working request?

No minimum length of service is required as of April 6 2024, before they apply for flexible working.

Employees have the right to request flexible working from day 1.

Can those on zero-hours contracts request flexible working?

It will depend on whether they are classified as employees or workers.

Often, zero-hours contracts fall under the classification of ‘worker’ because the employer is not obligated to offer work, and the employee is not required to accept it. However, zero-hours workers can also be employees.

If you receive a request for flexible working from a zero-hours worker, please contact the advice line so that we can check the individual’s employment status and determine whether they have the right to make a request for flexible working.

Please note – This year will likely see the introduction of The Workers (Predictable Terms and Conditions) Bill, whereby those working under atypical contract types, such as zero-hours workers, will be given the right to request a more predictable working pattern.

Avensure will produce guidance on this when the legislation is formally introduced.

What must a request for flexible working include?

As stated above, bereavement and grief can have a devastating impact on physical and mental health. It could exacerbate existing mental health conditions like depression, or someone’s reaction to bereavement could lead to a period of depression where they have never experienced depression previously.

If an employee wishes to apply for flexible working, their request must include the following:

• It must be submitted in writing- email is acceptable.
• The date the request is being made.
• The changes the employee wishes to make to their terms and conditions of employment.
• The date they want their flexible working request to take effect.
• The request must also include if a request for flexible working has been made previously.

What if an employee makes a statutory request for flexible working verbally during a supervision, 1-2-1 or appraisal- can their request be refused?

Employers shouldn’t be refusing flexible working requests simply because it has not been set out in writing. Instead, employers should remind the employee of their right to request flexible working and ask them to submit their request in writing.

Flexible working applications can be made using forms available from Avensure, which will set out the information your employee must include.

Do employees have to explain why and show they have considered how their request will impact the business?

Employees do not have to state why they are making their flexible working hours request, though many do so to facilitate a fair consideration of their request.

The new rules for making flexible working applications no longer require the employee to show they have considered the impact their request will have on the business. Instead, it is up to the employer to show they have fully consulted before turning a request down.

What process should an employer follow when a request for flexible working is received- is there a timeframe for dealing with a request?

Flexible working requests are time-sensitive, so the first thing to do is to contact Avensure so we can provide you with the advice and guidance you need to be legally compliant.

A flexible working request must be decided within two months, including the period for hearing any appeal, so it is essential to act quickly.

The steps an employer should take when dealing with a flexible working request are as follows:

1. If the employer feels they may not be able to agree to the request for flexible working or may not agree to it in its original submission, there is now a legal obligation to consult with the employee before a decision is made.
2. A flexible working consultation is arranged to discuss the request in full.
3. This meeting should be arranged in writing with sufficient notice given and during regular working hours.
4. The meeting should be conducted privately by someone with the appropriate level of authority to make such a decision. In-person meetings are preferable, but video conferencing or telephone meetings are also acceptable.
5. Please ensure that consent is sought before recording the meeting, mainly as many video conferencing applications and work telephone lines may record by default.  
6. The meeting should fully cover the flexible working request and discuss its benefits or impacts. For example, if someone has asked for a later start time and this falls within a very busy period, the employer and employee should discuss how to manage this potential impact on other staff.
7. The employer can ask the employee if they will be willing to consider any compromises to their original request or how they would feel if their request could only be agreed in part. For example, if someone who works 5 days a week wants to drop to 4 days a week (perhaps they have requested a Monday off, and this is a hectic day for you), you could ask if they would be willing to consider a different day of the week or possibly dropping to 4.5 days a week.
8. You should take full minutes of the meeting. This is vitally important, as it helps Avensure advise you appropriately and serves as a record in the event of a dispute. Ensure the meeting minutes are provided to the employees, and they indicate they are happy with the content by signing a copy.
9. The outcome should be communicated in writing to the employee, setting out the reasons for the decision.
10. It is good practice and recommended in the Acas guidance that the employee should be allowed to raise an appeal. The timescale in which to do so and to whom an appeal should be raised should be set out in the outcome letter. Where possible, this should not be the person who made the original decision but someone with the authority to overturn or uphold the original decision effectively. This is not always possible in smaller businesses so that Avensure will discuss your options.
11. Any appeal following an employer refusing flexible working should be dealt with promptly. The grounds for the appeal should be covered in full at an appeal hearing, to which the employee should be invited in writing. Again, you should take minutes at the appeal hearing.
12. Following the appeal, the outcome of the appeal meeting should be set out in full and in writing. This decision is usually final, and there is no further right of appeal.

Does an employee have the right to be accompanied at a flexible working consultation meeting and any subsequent appeal hearing?

The Acas guidance states that if the employee makes a request to be accompanied to a flexible working consultation, and their request is reasonable, the employer should allow them to be accompanied by a fellow employee of the company or a trade union official.

What are the grounds for turning down a request for flexible working?

A decision to reject a request for flexible working must be for one or more of the following business reasons, as stated in the Employment Rights Act 1996:

• The burden of additional costs
• An inability to reorganise work amongst existing staff
• An inability to recruit additional staff
• A detrimental impact on quality
• A detrimental impact on performance
• A detrimental effect on the ability to meet customer demand
• Insufficient work available for the periods the employee proposes to work
• Planned structural changes to the employer’s business

Is a flexible working consultation meeting required if the employer knows they can agree to the request?

No, but the request should be responded to within two months and clearly set out in writing because this will constitute a permanent variation to the employment contract, and this should be made clear to the employee in writing.

Can an employee make more than one flexible working application?

Yes, in line with flexible working rights, employees can now make two flexible working applications within 12 months.

Can a trial period be agreed to allow time to see how the revised working arrangement will work in practice?

Yes, a trial period can often be helpful for both parties.

If a trial period is agreed upon, this should be communicated clearly in writing and for an agreed-upon and reasonable period. If the trial period shows the request to be working well, the employee can be provided with confirmation of the request.

A further consultation meeting is advisable if it has not worked out, and the request may need to be revised or refused.

What if an employee requests flexible working on the grounds of health?

If the employee has a disability, the employer will have additional duties under the Equality Act to make reasonable adjustments.

It may also be necessary to refer to occupational health or obtain permission for a medical report to assist the employer with their decision.

Please note: Employees do not have to request flexible working to assert their rights to reasonable adjustments under the Equality Act.

Are there any grounds under which a flexible working request may be withdrawn?

An employee may choose to withdraw their request. If so, they should do so in writing.

If the employee does not attend the consultation meeting and a further rescheduled meeting without good reason, the employer can deem the request to be withdrawn.

This must be confirmed in writing to the employee.

And finally,

Avensure Client? Don’t fall foul of the law. A request to vary working patterns is likely a flexible working request. Please ensure that you seek advice from Avensure at the earliest opportunity so our experts can guide you and ensure you are legally compliant.

Not a client? Whether you’re pro-flexible working or not, failing to handle the process properly and disregarding potential discrimination issues could lead to Tribunal claims and disengaged employees.

Our bespoke employment law support services cater to businesses of all sizes and sectors. You will have access to a designated employment law specialist who readily offers advice at your convenience. Click here to get in touch: Avensure Contact!

Flexible Working Hours Requests FAQs

Do my employees have the right to request flexible working from day 1?

In the United Kingdom, employees have had the right to request flexible working since April 6 2024. Before this date, employees could make a statutory request for flexible working after 26 weeks of employment.

What is meant by the term flexible working?

It is becoming more common for employees to request flexible working with their employer. Flexible working refers to specific arrangements allowing employees to adjust their working schedules to suit their needs. Due to global circumstances, remote work has recently become significantly more popular. Still, it may also include flexible or compressed workweeks in which employees may wish to complete their weekly hours over four working days instead of five. Avensure has experts who will advise and guide you through the process if you are unsure how to manage a flexible working hours request.