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Acas Code of Practice on handling requests for a predictable working pattern: Lewis Silkin’s consultation response

25 January 2024

We have submitted a response to Acas’ consultation on its draft statutory Code of Practice on handling requests for a predictable working pattern. The draft Code helpfully recognises the similarities between this new regime and the more familiar one of flexible working. However, there are new concepts and processes in the legislation which may be challenging for employers to navigate without further clarity and detail.

The new statutory right, giving all workers the right to request a more predictable contract, is due to come into force in around September 2024. Our previous article on this can be seen here. Acas’ draft Code aims to ensure that these requests are handled reasonably and provides further detail on what procedural good practice looks like. The Code will not be legally binding but can be taken into consideration by employment tribunals.

We have now submitted our response to the consultation and this can be seen here.

In answering the consultation questions, we have highlighted points which would benefit from additional clarity, particularly around the potentially complex situation when requests are made to an Agency or Hirer, and also on the inter-relationship with flexible working requests.

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