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ACAS consultation on draft code of practice for flexible working requests

05 March 2013 #Employment


In its response to its Consultation on Modern Workplaces the Government has proposed extending the right to request flexible working to all employees with at least 26 weeks` continuous employment. The government has also proposed replacing the statutory procedure for considering requests with a new duty on employers to act reasonably within a reasonable period. 

In response to these proposals, ACAS has launched a consultation on the draft statutory code of practice on the extended right to request flexible working.  The closing date for responses is 20 May 2013.  ACAS states that the draft code of practice is "deliberately concise" and is "principles-based".

ACAS is especially interested on views on the following three issues:

  • Whether the draft code allows employers to use their existing procedures to handle requests from employees who ask to work flexibly.
  • Whether the draft code gives enough information on the principles involved in managing the extended right to request flexible working.
  • Whether any aspects of the draft code should be discussed in more detail in the good practice guide.

The current statutory procedure has been criticised for being highly prescriptive.  The ACAS code of practice will have statutory force and will be taken into account by employment tribunals when considering relevant cases.  However, it is hoped that the new regime will be much simpler to give employers the freedom to operate their own procedures (provided these are reasonable and take no longer than three months).

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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