Changes to flexible working regulations from 30th June

On 30 June 2014 the Flexible Working Regulations will be amended so that the right to request flexible working will be extended to cover all employees after 26 weeks' service. The current regulations cover only those with children under the age of 17 (or 18 if the child is disabled) and certain carers.

The current statutory procedure for considering requests will be removed and instead employers will have a duty to consider all requests in a reasonable manner; however, employers will have the flexibility to refuse requests on business grounds.

ACAS, who are updating their Code of Practice on handling requests to work flexibly, have noted that employee requests can cover hours of work, times of work and place of work and may include requests for different patterns of work. Employers are reminded of the following:

•    Employees must have 26 weeks continuous employment at the date the application is made.
•    Employers have a statutory duty to consider applications.
•    Once agreed it becomes a permanent change to the contract of employment.
•    An employee has the right to appeal if necessary against the outcome.
•    An agreement can be negotiated if requested hours are not possible.
•    Only one application can be made in a 12 month period.