In April 2003 the right to apply for flexible working was introduced for parents of young and disabled children. In April 2007 this right was extended to cover carers of adults and was then extended again in June 2014 to cover all employees, provided they meet the following criteria;
· They must be an employee (and not for instance an agency worker, unless returning from a period of parental leave)
· They must have 26 weeks continuous service
· They may only make one request in any twelve month period
What is a flexible working request?
A flexible working request is a written request made in line with the legislation to alter/ change an employee’s working pattern temporarily on a agreed term. Common changes include;
· Working less hours – this may be working less hours each day or working fewer days per week
· Different shift patterns – this may be working earlier of later in the day
· Working from home – employees may request to spend a proportion of time or all their time working from home
· Job sharing – a number of employees may wish to work one full time between them, thus reducing both employee’s working hours
Benefits for employers
Whilst flexible working is largely aimed at ensuring employees are able to achieve a comfortable work/life balances, such requests can often benefit not only the employee and their families but can often benefit the employers too. Some of the benefits to flexible working can include:
· The ability to attract and retain a skilled and diverse workforce; many employers are open about their job flexibility as they understand this may help them attract highly skilled workers who value such flexibility
· More job satisfaction and better morale; employees feel more valued where they can see requests are considered – this can lead to improved commitment and motivation which in turn can lead to increased efficiency, reduced levels of absence and reduced turnover and recruitment costs
· Increased retention from staff who may otherwise have left, creating a more skilled workforce
· More flexibility for the business; the possibility of extended opening hours and having employees work outside the normal operating hours may be beneficial to some businesses.
What should I do if I receive a flexible working request?
Once a flexible working request has been received employers have 28 days from the date the request was made to arrange a meeting with the employee to discuss their request (NB. you should contact the advice line in the first instance who will provide advice and guidance throughout this process).
The meeting is an opportunity to discuss the employee’s request in more detail. Useful questions may be;
· How does the employee feel their request will impact the business
· How will they mitigate this impact
· How will they ensure they are able to meet necessary targets/deadlines
· Are any other employees able to complete the same type of work
· Are there any other days/hours they feel would be suitable
Employers can attempt to compromise with the employee when requests are made and this meeting is a good opportunity to do this; for instance if an employee has asked to work four days instead of five the employer can suggest which working days would be the most beneficial to the business.
The employee should be given an invite to this meeting which details their statutory right to be accompanied to this by a fellow employee (or trade union official if stated in the employee handbook).
Following the meeting the employer then has 14 days to confirm the outcome of the meeting to the employee. This gives the employer time to fully consider the request before making any final decision.
What if I am unable to agree a request?
Employers should ensure they have fully considered a request and its impact before issuing an outcome to an employee; this is to prevent employee’s resigning and raising a constructive dismissal claim whereby they may cite that the employer’s rejection of their request has been unreasonable.
It is important to also consider that rejecting an employee’s request may be considered indirect discrimination if the reason for the request is linked to an employees:
· Pregnancy and maternity
· Age
· Disability
· Sex
· Sexual Orientation
· Religion or belief
· Marriage and civil partnership
· Gender re-assignment
Indirect discrimination is deemed unlawful unless the employer is able to demonstrate robust reasons as to why rejecting such a request is necessary to the business.
There may be times when an employer has given full consideration to a request but despite this there is sufficient evidence available to demonstrate that this request would not be feasible if accepted.
Where an employer rejects an application for flexible working it must be for one of the following reasons:
· The burden of additional costs
· A detrimental impact on quality
· A detrimental impact on performance
· A detrimental impact on the ability to meet customer demand
· An inability to reorganise work amongst existing staff
· An inability to recruit additional staff
· A lack of work during the periods of time an employee has proposed to work
· Planned structural changes
It is important to contact the us if you are considering rejecting a flexible working request to ensure that this cannot be deemed as unlawful discrimination and any reasons given for rejection are in line with current legislation.
The outcome should be given to the employee in writing and if agreed this should detail the date of writing, the fact it has been agreed, confirmation of the new working pattern and confirmation of when these changes take place. If rejected this should detail the date of writing, the reason as to why the request has been rejected and the employee’s right to appeal the decision.
Right to Appeal
Where a request is rejected an employee can appeal this decision and the right to do so should be detailed in their outcome letter.
The appeal should be on the basis of further information the employee needs to make the employer aware of which may not have been considered, or to challenge the reasons given for refusal of the request. It should not be simply that they are unhappy that the request has been refused.
Following receipt of an appeal the employer should arrange a further meeting within 14 days. Again the employee has a right to be accompanied to this meeting.
Following the meeting the employer then has a further 14 days to consider and confirm the final outcome to the employee.
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