The right to request flexible working 




On 30 June 2014, the right to ask to work flexibly was extended to all employees in England, Scotland and Wales with at least 26 weeks’ continuous service. Anyone with enough service can make a request. There is no longer any need to be a carer for children or dependent adults. 




At the same time, many features of the old statutory request procedure were abolished and replaced by a broad duty on the employer to deal with applications in a reasonable manner (section 80F — 80I, ERA 96), Flexible Working Regulations 2014). 




Acas has produced a Code of Practice: Handling requests to work flexibly in a reasonable manner (the Acas Code). The Code is statutory, so employment tribunals will expect an employer to follow it. However, there is no uplift in compensation if it is breached. A separate Acas guide, The right to request flexible working, includes useful worked examples and sets out non-statutory “best practice”. Both are available on the Acas website.




The right is to ask to work flexibly. It is not a right to work flexibly. Employees can ask for:



• a change to working hours (for example, from full to part-time);




• a change to working times (for example, starting and finishing later or working compressed hours); or




• to work some or all of the time from home. 




Only one request can be made in any 12-month period. Any contract change will be permanent unless the parties agree something different. 




There is nothing to stop employers agreeing temporary informal arrangements to respond to short-term challenges, such as bereavement or a short course of study. Other policies may also be relevant, such as sickness absence and return to work policies (which may include arrangements for phased returns), study and training, or compassionate leave policies.