ACAS Code of Practice Flexible Working

25 July 2023

ACAS is reviewing its Code of Practice on Flexible Working in response to proposed changes to the Flexible Working Provisions contained in the Employment Rights Act 1996. ACAS has now launched a consultation seeking comments on the draft updated Code of Practice.

One of the main features relates to the duty on employers to consult before coming to a decision in respect of a flexible working request. Clarification is awaited from the government on what the requirements around consultation will be, but ACAS has proposed that “consultation meetings about requests should be approached with an open mind to discuss what may be suitable. Meetings are an opportunity to listen carefully and engage meaningfully with each other so that a fully informed, evidence based decision can be made.”

The draft revised Code of Practice also suggests that employers should pro-actively offer employees a chance to appeal if their request for flexible working is not granted. The consultation ends on 6 September 2023.