A new date has still to be announced but my best guess is that this will be in October. I will provide an update on this once the position has been clarified by BIS.
On the same topic, ACAS have published a final draft Code of Practice for Handling Requests to Work Flexibly in a Reasonable Manner which can be accessed at the end of its response to the Government consultation on this topic here:-
Once it is in force this Code will have statutory force and Employment Tribunals will take the Code into account when deciding relevant cases.
Amongst other things the Code:-
- reminds employees that they can only make one statutory request in any 12 month period;
- sets out the statutory requirements that a request must meet;
- refers to the eight existing business reasons for rejecting a request set out in section 80G(1)(b) of the Employment Rights Act 1996;
- refers to the need to weigh the benefits of the requested changes for the employee and the employer's business on the one hand, against any "adverse business impact" of implementing the changes on the other hand;
- refers to an employer's entitlement to treat an application as withdrawn where an employee fails to attend a meeting to discuss the application (including any appeal) and a rearranged meeting without good reason.
The original draft stated that employers "should always approach requests to work flexibly from the presumption that you will grant them unless there is a business reason for not doing so". This wording has been removed on the basis that it could be misleading.
The Code will have statutory force and will be taken into account by employment tribunals when considering relevant cases.