The Code of Practice (Requests for Flexible Working) Order 2024

The Secretary of State makes this Order in exercise of the powers conferred by section 200(5) of the Trade Union and Labour Relations (Consolidation) Act 19921 (“the 1992 Act”).

Under section 199(4) of the 1992 Act the Advisory, Conciliation and Arbitration Service (“ACAS”) may from time to time revise the whole or part of a Code of Practice issued by it and issue that revised Code.

In accordance with section 200(1) of the 1992 Act, ACAS prepared and published a draft revised Code of Practice (“the draft revised Code”) which revises the Code of Practice on handling in a reasonable manner requests to work flexibly2 and considered representations made to it about the draft revised Code, and modified it accordingly.

In accordance with section 200(2) of the 1992 Act, ACAS transmitted the modified draft revised Code to the Secretary of State, which was duly approved by the Secretary of State and laid before both Houses of Parliament under section 200(2)(a).

Neither House of Parliament resolved within the period of 40 days after the modified draft revised Code was laid that no further proceedings should be taken, and accordingly ACAS has issued the revised Code of Practice on requests for flexible working3 in the form of the modified draft revised Code.

Accordingly, the Secretary of State makes the following Order.