New flexible working rules set for operation

The flexible working rules were due to change on 30 June 2014 (see Labour Research, May 2014, page 25). From that date, the right to request flexible working is available to all employees who have 26 weeks’ service, removing the need for employees to be able to demonstrate caring responsibilities.

The statutory flexible working procedure has been abolished and in its place is a requirement for the employer to consider all requests in a “reasonable” manner.

Employers can refuse requests where they can demonstrate business grounds. The categories of business reason for refusing a request remains unchanged.

The Acas employment advisory service has published a new draft Flexible Working Code of Practice, together with important guidance for employers on operating the right to request under the new regime, Handling requests to work flexibly in a reasonable manner.

Reps need to make sure they are fully up to speed with this new guidance as soon as possible.

As well as supporting members when making requests to work flexibly, reps may find themselves called on to represent members whose existing flexible working arrangements are placed under threat from employers following this change.

Where unions are recognised, reps can also play an important role negotiating revisions to flexible working policies to reflect this legal change.

There is no formal statutory right to be accompanied when making requests under the new procedure, so proper representation rights will need to be negotiated.

www.acas.org.uk/media/pdf/n/b/DRAFT-Code-of-Practice-on-handling-in-a-reasonable-manner-requests-to-work-flexibly.pdf