Acas publishes a revised draft Code of Practice on flexible working

Acas have published a revised draft statutory Code of Practice on flexible working which will sit alongside the changes being made to the law in this area in the coming months.

Responding to consultation on the code’s previous draft, Acas have made the following changes:

• A recommendation that employers discuss alternative options with their employees if they are unable to agree to the request in its originally submitted form.

• A removal of the requirement to hold a meeting if the request is granted.

• A recommendation that, although there is no legal right for an employee to be accompanied at a flexible working meeting, they may be accompanied by a work colleague, trade union representative, or an employee of a trade union.

• A recommendation that, in all businesses, appeals should be handled by a different manager where possible. Previously the draft code indicated that this requirement only applied to larger organisations.

The code imposes no legal obligations and failure to observe it does not by itself give rise to any claim. However, provisions of the code can be taken into account by courts and tribunals in proceedings where the court or tribunal considers them relevant.