Fact Service February 2014

Issue 8

Date set for extending right to work flexibly

The government has announced that the extension of the right to request flexible working to all employees, which had been delayed by the slow progress of the Children and Families Bill through Parliament, will come into effect on 30 June 2014.

The right to request flexible working will be extended to all employees with 26 weeks’ service, rather than being limited to parents of children aged under 17 or if disabled, under 18, or to “carers”.

The employer will need to notify the employee of its decision on a request within three months, unless an extension is agreed. The request can be treated as withdrawn if the employee, without good reason, fails to attend either two consecutive meetings to discuss the request or an appeal.

An employee may bring a tribunal claim if the employer wrongly treats the request as withdrawn or if the employer’s decision is not made in time. The claim must be brought within three months of the date on which the application is treated as withdrawn or the final decision is communicated.

A new Acas Code of Practice for handling requests to work flexibly in a reasonable manner will replace the current statutory procedure. The Acas Code of Practice is accompanied by a good practice guide.

www.enei.org.uk/news.php/599/the-right-to-request-flexible-working

www.glovers.co.uk/news_article473.html

www.acas.org.uk/index.aspx?articleid=4699