Sophie's Top Tips - Flexible Working Requests

How to Deal with Flexible Working Requests

The right to request flexible working applies to all employees providing they have 26 weeks of continuous employment and have not made a flexible working request in the previous 12 months.

It may be that dealing with the flexible working request is second nature within your organisation, however, it is always useful to refresh yourself on the basics to ensure you are dealing with requests in the best way possible.

As the request for flexible working is increasing in the UK in this month’s tips, I look at ways HR can advise employers on how to deal with the procedure.

Check the employee meets the qualifying criteria

To make a statutory request for flexible working following eligibility criteria apply:

a request can only be made by an employee.
the employee must have 26 weeks’ continuous employment at the date the request is made; and
only one request may be made under the statutory scheme in any 12 months.

Ensure the request meets the statutory requirements

An employee’s application must:

Be in writing and dated.
State that it is an application made under the statutory procedure.
Specify the change that the employee is seeking and when they wish the change to take effect.
Explain what effect the employee thinks the change would have on the employer and how this could be dealt with.
State whether a previous flexible working request has been made.

Deal with the request in a reasonable manner

Including discussing the request with the employee promptly and allowing the employee to be accompanied to any meeting. Consider requests carefully, looking at the benefits of the requested changes for the employee business and weighing these against any adverse business impact. You may want to use a trial period where it is unsure about the long-term effects of the arrangements requested.

Know the time limits involved

You must notify the employee of its decision as soon as possible, and within three months of the date, the request is received.

Agree on any contractual variations in writing

If the request is accepted, this will be a contractual variation to the employee’s employment. The employer should issue a written statement of changes to the employee’s terms and conditions within one month of the changes taking effect.

Only refuse a request on specific grounds

Requests may only be refused for specific business reasons and must not be refused for discriminatory reasons. You may only refuse a request if one or more of the following grounds applies:

The request does not meet the requirements.
There is a burden of additional costs.
There will be a detrimental effect on the ability to meet customer demand, quality or performance.
The employer is unable to re-organise work among existing staff or recruit additional staff.
There is insufficient work during the periods the employee proposes to work.
The employer is planning structural changes which impact the request.

Have a written procedure

Employers should have written procedures in place to ensure that employees are aware of the requirements to make a request and the potential reasons why a request could be rejected.

Be aware of the consequences of failing to deal with a flexible working request

If you fail to reasonably deal with a flexible working request, an employee may claim in the Employment Tribunal. It will also be automatically unfair to dismiss an employee because they have made or proposed to make a flexible working request, and there is no qualifying service necessary to bring this claim.