The Code of Practice (Handling in a Reasonable Manner Requests to Work Flexibly) Order 2014

Statutory Instruments

2014 No. 1665

Terms And Conditions Of Employment

The Code of Practice (Handling in a Reasonable Manner Requests to Work Flexibly) Order 2014

Made

26th June 2014

This Order is made in exercise of the power conferred by section 200(5) of the Trade Union and Labour Relations (Consolidation) Act 1992(1) (“the 1992 Act”).

Under section 199(1) of the 1992 Act ACAS may issue Codes of Practice containing such practical guidance as it thinks fit for the purposes of promoting the improvement of industrial relations.

In accordance with section 200(1) of the 1992 Act ACAS prepared and published in draft a Code of Practice on handling in a reasonable manner requests to work flexibly (“the draft Code”) and considered representations made to it about the draft Code, and modified it accordingly.

In accordance with section 200(2) of the 1992 Act ACAS transmitted the draft Code to the Secretary of State.

In accordance with section 200(2)(a) of the 1992 Act, the Secretary of State approved the draft Code and laid it before both Houses of Parliament.

Neither House of Parliament resolved within the period of 40 days beginning on the day on which the draft Code was laid that any further proceedings should be taken on the draft Code, and in accordance with section 200(4) of the 1992 Act, ACAS has issued the Code of Practice on handling in a reasonable manner requests to work flexibly(2) in the form of the draft.

Accordingly the Secretary of State makes the following Order.

Citation

1.  This Order may be cited as the Code of Practice (Handling in a Reasonable Manner Requests to Work Flexibly) Order 2014.

Appointed day for the Code of Practice

2.  The Code of Practice on handling in a reasonable manner requests to work flexibly comes into effect on 30th June 2014.

Transitional provision

3.  The Code of Practice on handling in a reasonable manner requests to work flexibly does not have effect in relation to an application under section 80F of the Employment Rights Act 1996(3) made on or before 29th June 2014.

Jenny Willott

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

26th June 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 30th June 2014 as the day upon which the Code of Practice on handling in a reasonable manner requests to work flexibly which has been issued by ACAS under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 will come into effect. Article 3 provides that the ACAS Code does not apply to an application for flexible working made under section 80F of the Employment Rights Act 1996 on or before 29th June 2014.

An impact assessment has not been prepared for this Order. This Order is part of a package of legislative measures and the relevant impact assessment is the Modern Workplaces: government response on flexible parental leave impact assessment which was published in November 2013. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.

(1)

1992 c.52; to which there are amendments not relevant to this Order.

(2)

The Code was issued on 25th June 2014 and is available on the ACAS website at http://www.acas.org.uk/media/pdf/g/s/Code-of-Practice-on-handling-in-a-reasonable-manner-requests-to-work-flexibly.pdf.

(3)

1996 c.18; section 80F was inserted by the Employment Act 2002 (c.22), section 47; it is amended by section 131 of the Children and Families Act 2014 (c.6), which enters into force on 30th June 2014 S.I. 2014/1640 (C.67).