The New ACAS Code of Practice on Flexible Working: What It Means for Employers and Engagement

As the world of work continues to evolve, so too does the concept of flexible working. The COVID-19 pandemic accelerated the shift towards more flexible working arrangements, with many employees now expecting the option to work remotely or on flexible schedules. In response to this growing demand, the UK government has recently passed a Code of Practice on Flexible Working, the Employment Relations (Flexible Working) Bill, which aims to give employees greater access to flexibility over where, when, and how they work.

In line with this, ACAS has launched a public consultation to revise its Code of Practice on Flexible Working to handle requests for flexible working in a reasonable manner, ahead of the bill coming into force in 2024. In this article, we explore the key changes proposed in the new Code and what they mean for employers and employee engagement.

Background

The existing ACAS Code of Practice on handling requests for flexible working was last revised in 2014, before the widespread adoption of remote and flexible working arrangements. The new Code aims to reflect the changing landscape of flexible working in the workplace and the new legislation. The Code will provide guidance to employers, representatives, and employees on how to handle requests for flexible working in a reasonable manner, in accordance with the law.

Proposed Changes

The proposed changes to the ACAS Code of Practice on flexible working includes:

1. A Quicker Process
   Employees will no longer have to wait 26 weeks before requesting flexible working, they can request a flexible schedule from day one. Whilst the employer has to make a decision within two months instead of three.

2. A Right to Flexible Working
   The eight reasons to refuse a request will remain in place but employers can no longer outright reject a flexible working request. Instead, they must engage with the employee and discuss alternatives.

4. Increase in Number of Requests
   The new Code enables two statutory requests to be made in any 12-month period where previously it was one.
5. No Explanation
   Employees no longer have to explain how a change to flexible working will affect their role or how they will deal with the changes.

Implications for Employers

The proposed changes to flexible working have important implications for employers, including:

• Ensuring that they are compliant with the changes to legislation relating to flexible working and the new Code of Practice on flexible working. Failure to comply with legislation could lead to legal action and damage to the employer’s reputation.
• Ensuring clear policies and procedures are in place for handling requests for flexible working. This will ensure that requests are handled in a consistent and transparent manner, and that all employees are aware of their rights and responsibilities.
• Being prepared to engage with employees to understand their needs and preferences when it comes to flexible working. This may involve providing training and support to help employees work effectively from home, as well as being open to different types of flexible working arrangements.

  Implications for Employee Engagement

The new Bill/Code of Practice on flexible working has implications for employee engagement:

• It acknowledges the importance of employee engagement in flexible working arrangements. Employers who engage with their employees and provide support and training to help them work effectively from home are likely to see higher levels of engagement and productivity.
• They give employees greater control over their working arrangements, and employees who feel that their employer is willing to work with them to find flexible working arrangements that suit their needs are likely to feel more engaged and committed to their employer.
• Finally, the new Bill/Code of Practice on Flexible Working may help to reduce the gender pay gap by making it easier for both men and women to balance work and caring responsibilities. This is likely to lead to higher levels of engagement and job satisfaction for employees with caring responsibilities.

Conclusion

The proposed changes to the Bill/ACAS Code of Practice on flexible working reflect the changing landscape of work and the increasing demand for flexible working arrangements. Employers who are prepared to engage with their employees and provide support and training for flexible working are likely to reap the benefits of higher levels of engagement and productivity. As an employee engagement survey company that is passionate about employee voice, we are excited to see the increased emphasis on engagement in the new Code of Practice on flexible working.

And remember, if you want to learn how more about how we unlock employee insights through our various staff surveys, including pulse surveys, 360 feedback surveys and other employee engagement surveys, simply contact our expert team at The Survey Initiative.