The rules applying to flexible working arrangements have been changed with effect from 30th June 2014. Until that point, the right could only be exercised by parents of children under 17 or by those caring for an adult. However, the right has now been extended to all employees who have been working for their employer for at least 26 weeks.
ACAS has produced a Code of Practice giving guidance to employers on the new regime and, in particular, on the manner in which any requests should be handled. The procedure has changed. Employers are now under a duty to deal with requests in a reasonable manner but no actual process is specified. There is, however, a duty imposed on the employer to ensure that the whole of the process for dealing with the request, including any appeal that may be made against an initial refusal, is dealt with within three months of the date of the request.
There is no express obligation on the employer to grant the request. The obligation is to deal with the request in a reasonable manner. However, the parallel principles of discrimination will apply to the whole of the process, so any policy for dealing with requests will need to be operated fairly with regard to those with “Protected Characteristics” under the Equality Act 2010, so as to ensure that it does not give rise to any discrimination claim.