From 30 June 2014, the right to request flexible working (for any reason) will be extended to all employees with 26 weeks’ service.

There will be no obligation on the employer to agree to a request, just to consider it, as before. As is the case now, employers will only be able to refuse a flexible working application for one of eight listed business reasons.

Acas has produced a draft Code of Practice and non-statutory guidance on the extended right to request flexible working. Rather than detailing a required procedure, the code of practice contains broad principles, including the recommendation that employees be accompanied during discussions and given the right to appeal against a refusal.

Acas recommends documenting how to prioritise competing requests in a flexible working policy, and sharing that with the workforce. However, employers need to think carefully before doing this because a “one size fits all” approach might unnecessarily restrict their decision-making in the future.

Ahead of the 30 June 2014 changes, employers should take the following steps:   

• Make relevant staff aware that the right to request flexible working is being extended in June.   
• Provide appropriate guidance and training to managers on the obligation to consider requests reasonably and the new three-month timescale.   
• Highlight the need to be able to justify any refusal and the benefits of keeping records of all discussions and decisions.   
• Decide what procedure will be followed in the event of a flexible working application being received. If there is not already one in place, consider introducing a policy for handling flexible working requests. This aids consistency and transparency.   
• Amend existing flexible working policies to reflect the extended right to request flexible working. If the policy reflects the current statutory procedure, consider changing it to allow greater flexibility (particularly in relation to the timing of meetings and outcomes).

Here at Employers for Carers our training and consultancy service can help you prepare for the extension for example: we can help you look at how to consider multiple requests, how to deal with requests to play golf vs requests to enable an employee to change their hours in order to care for their mother and also how to train and support your managers to implement the policy consistently and fairly.

For our members we also have a number of resources for managers and employees on good practice around flexible working.

Leigh Day, the specialist law firm, who act exclusively for claimants who've been injured or treated unlawfully by others have also produced a guide for carers: Flexible working for carers: A guide to your rights when juggling caring and work