Who can request flexible working?
All employees have a day-one right to request flexible working and may make up to two requests within a 12-month period. This is a right to request flexible working, not a guarantee that the request will be approved.
What does flexible working mean?
Flexible working refers to work arrangements that allow flexibility in when, where, and how long work is carried out. This can include part-time work, flexitime, working from home, zero-hour contracts, and, less commonly, job sharing or term-time working.
Do employers need to consult with an employee about their request?
Yes. If an employer cannot agree to the request as submitted, or wishes to propose an alternative arrangement, they must meet with the employee to discuss the request and explore possible options.
What are the reasons a business can decline a flexible working request?
Employers can say no to a flexible working request, but only for valid business reasons, such as:
The burden of additional costs
An inability to reorganise work among existing staff
An inability to recruit additional staff
A detrimental impact on quality or performance
A detrimental effect on ability to meet customer demand
Insufficient work for the periods the employee proposes to work
Planned structural changes to the business
What are the risks of not effectively dealing with flexible working requests?
Employers must follow the statutory process when handling formal flexible working requests. This includes meeting with the employee if the original request cannot be granted and exploring alternative arrangements that could work for both parties.
Failing to follow the correct process can result in a claim of up to 8 weeks’ pay. In addition, if the refusal is linked to a protected characteristic such as sex, age, or disability, employees may bring a discrimination claim, which can carry uncapped compensation. Employees may also argue that a failure to properly consider their request constitutes a serious breach of contract, potentially leading to a claim of constructive unfair dismissal.
How can Lovewell Blake help?
Our HR consultants can help guide you through the full process of handling flexible working requests, including providing support at meetings and template documentation required as part of the process.
They can also draft your Company a flexible working policy which clarifies the process to your staff, and managers.