Flexible working changes

Statutory flexible working applications

Currently, employers can refuse a flexible working request for one or more of 8 specific reasons (or statutory grounds).

The new rules are set to change the following:

• Employers can only reject an application if it's reasonable for them to do so on one or more of the 8 statutory grounds. What 'reasonable' means is not defined, and it will be up to employment tribunals to decide this.
• Employers must also state the ground (or grounds) for refusing the application and explain why they consider it's reasonable to refuse it on those grounds (unless it involves disclosing any information that would be contrary to the interests of national security).

Also:

• The reason for starting an Employment Tribunal claim will change from the employer 'failing to comply with' their obligations to, 'failing to act in accordance with' them. The government has not explained the reason for this change or what practical impact it's supposed to have.
• The government will have a power to make future regulations that may incorporate some or all of the steps in the Acas Code of Practice on requests for flexible working (currently, following the code isn't a legal obligation, though whether or not an employer has followed it is taken into consideration by tribunals).