The right to request flexible working 



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



The change to the law also abolished many features of the old statutory request procedure, replacing it with a broad duty 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). As the Acas Code is statutory, employment tribunals will expect an employer to follow it, but there is no uplift in compensation if it is not followed. There is a separate Acas guide, The right to request flexible working, which includes useful examples. The guide contains non-statutory “best practice”. Both can be downloaded from 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.