Government announce new implementation date for changes to the right to request flexible working

The Government has announced that the extension of the right to request flexible working to all employees will come into force on 30 June 2014 (not on 6 April 2014 as previously stated).

At the moment, the right to request flexible working is only available to employees with at least 26 weeks’ service who need a different working pattern to enable them to care for a child under the age of 17 (or 18 if their child is disabled), or to allow to them care for an adult.  In all cases, employees can only make one request every 12 months.

From 30 June 2014, all employees with 26 weeks’ service will have the right to request flexible working, whether or not they have caring responsibilities.  An employee will still only be able to make one statutory request in a 12 month period (unless the employer agrees to a shorter period).  The right is not available to workers or to agency staff.

The statutory time limits for responding to the request, holding a meeting etc are to be abolished, which will mean the system is more flexible for employers. Provided all requests, including all appeals, have been decided within a period of 3 months from receipt of the request, then the employer can determine when to hold meetings and issue letters etc.

Employers will still be expected to deal with any application in a “reasonable manner”.  This concept is not defined in the primary legislation (the Children and Families Bill) but ACAS have drafted a code of practice and a separate guidance to help employers to get to grips with what this means.  http://www.acas.org.uk/index.aspx?articleid=1616

If an employer does not agree to the request, employers are still required to make reference to one or more of the existing eight statutory grounds for refusal (e.g. insufficiency of work during the periods the employee proposes to work, inability to reorganise work amongst existing staff etc).   In reality, it is has not been difficult to employers to establish one of the statutory grounds for refusing an application and this is not going to change. 

As before, employers must be live to the possibility of an employee bringing a discrimination claim if their request to work part-time is refused (sex discrimination being the most likely complaint). It is important therefore that employers are able to provide evidence to support the grounds for refusal.

Employers would be wise to familiarise themselves with the guidance and update their procedures accordingly, so that the correct flexible working procedures are followed from 30 June 2014 onwards.