Following on from my previous blog on the subject of flexible working requests, changes to request flexible working requests come into place on the 30 June 2014. When they took office, the Coalition Government made it part of their agenda to introduce flexible working for all employees. What are these changes and how might they affect you?
The change to flexible working affects more than working parents and carers alone. The right to flexible working will now apply to all employees with 26 weeks' continuous service from 30 June. This follows an amendment to the Employment Rights Act 1996 which sees the current statutory procedure being abolished and employers now only having a duty to consider requests reasonably.
A new Acas Code of Practice sets out a best approach for handling requests and is accompanied by a guide which employers and employees alike will find useful (Acas Code of Practice). The Code's recommendations are not compulsory but set out best practice. These will be taken into account by employment tribunals when considering cases relevant to this point, in a similar way that the Acas Code on Disciplinary and Grievance Procedures is currently used.
Ultimately the changes mean that the pool of eligible employees will widen and will now be available to all employees who have at least 26 weeks' continuous service. This means that someone who wishes to work reduced hours so that they have a better work-life balance can make an application to their employer for flexible working in the same way that an employee had previously been able to make an application for child care purposes. The change in the right to request flexible working will also assist with the ageing workforce following the abolition of the default retirement age and will allow employees with 26 weeks' continuous service to potentially make a request as they approach retirement.
Check out the below table for a summary of what changes and what stays the same.
|
What stays the same and what changes? |
|
| Current scheme | New scheme |
| Applies to employees who are parents of children under 17, disabled children under 18 and carers | Applies to all employees |
| 26 weeks continuous service requirement | 26 week continuous service requirement |
| Right to be accompanied to a meeting with employer | No right to be accompanied to meeting |
| Formal written application | Formal written application |
| Statutory procedure for considering requests | No statutory procedure but Acas Code of Practice |
| Refusal of request only on valid business grounds | Refusal of request only on valid business grounds |
| One request every 12 months | One request every 12 months |
| Strict time limits for each procedural step and whole procedure to take no longer than three months (unless extended by agreement) | Request must be considered and decided on within three months of receipt of the application (unless extended by agreement) |
Although it remains to be seen how many employees actually use this right, it shows that the benefit of a work-life balance is at the forefront of the Government's mind.
