The introduction of new flexible working rights in the UK has thrown a spanner into the works for many employers, as contradictory guidance from Acas sparks confusion over their obligations. The advisory body's conflicting advice on proposing alternative arrangements when rejecting flexible working requests has left businesses scrambling to get it right – and avoid potential legal pitfalls.
According to Acas's own guidance, there are two different stances on this issue: one that says employers 'must' suggest alternatives if a request is turned down, and another that states they 'may' do so. This discrepancy has created significant uncertainty for businesses attempting to comply with the updated legislation, potentially exposing them to legal challenges if they misinterpret their duties.
The new legislation, which came into effect on 6 April, grants employees the right to request flexible working from their first day of employment – ending the previous 26-week qualifying period. Employers now also have a reduced timeframe of two months to respond to such requests, and are legally obliged to consult with an employee before rejecting their application.
These changes were intended to empower employees and promote a more adaptable working environment across the UK. However, the conflicting advice from a key regulatory body risks undermining these objectives by creating ambiguity for employers who want to get it right but are unsure of the precise steps required of them. This lack of clarity could lead to inconsistent application of the new rights – potentially disadvantaging some employees and adding to administrative burdens for businesses.
The situation highlights the importance of clear and consistent communication from official bodies when significant employment law changes are introduced. Businesses, particularly SMEs that may not have dedicated HR departments, rely heavily on such guidance to ensure compliance and avoid potential disputes.