ACAS has published an updated draft Code of Practice on requests for flexible working. The Code, which reflects the change to make the right a ‘day one’ right, is expected to come into force on 6 April 2024 alongside several procedural changes. Those procedural changes include a reduction in the amount of time that an employer has to respond to a request (from three months to two months) and an increase in the number of requests an employee can make in any twelve-month period (from one request to two requests).
The draft Code provides guidance for employers to help them respond to requests. It is likely to be one of the main reference points for employers to determine what level of consultation to carry out under the new requirement for consultation with an employee before rejecting any flexible working request.
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