Getting it wrongĮmployers that fail to deal with a flexible working request in accordance with the required procedure risk being faced with an employment tribunal complaint.įailure to follow the correct procedure may result in a tribunal ordering the employee to reconsider the employee’s application and potentially pay the employee compensation. Employers will also need to be careful not to inadvertently discriminate against employees who are making a request in relation to the Equality Act (2010) – that is, for reasonable adjustments. It is, therefore, encouraged to ask other employees, who are already working flexibly, whether they would like to return to work full-time. The risk will certainly exist that employers will reach saturation point. Handling multiple requestsĪlthough many employers are sympathetic to flexible working requests, some will be worried about the lack of guidance on how to treat competing requests. If the request is refused, the employer should provide a valid business reason and notify the employee of the right to appeal. If the request is accepted, the employer should discuss how the changes will be implemented and detail any changes in terms and conditions. Whatever the decision, the employer should inform the employee – preferably in writing for clarity. The request can only be refused on the basis of one of the business reasons set out in the Employment Rights Act (1996). Alternatively, an employer may intend to refuse the request, but, after discussions with the employee, realise a compromise can be reached.Įach request should be considered carefully and objectively, weighing the benefits of the request for the employee and the employer’s business against adverse business impact. ![]() This should be a professional conversation out of earshot of other staff members, with the right for the employee to be accompanied.Įven if an employer intends to grant the request, it should speak to the employee first as it may be the need for flexible working is only temporary. It provides simplified guidance on how the decision process should look.Įmployers should first arrange to talk to an employee as soon as possible. To ensure employers handle requests in a reasonable manner, Advisory Conciliation and Arbitration Service (ACAS) has produced a code of practice (ACAS, 2015), which will be taken into account by any tribunal. However, while half of UK employers offer flexible working arrangements, a report (CBI, 2016) found just 1 in 10 job listings mentioned flexible work.Įmployers have flexibility as to how they handle requests, as long as they are dealt with in a reasonable manner and the decision is notified to the employee within three months (including any appeal/appeal decision).Įmployees have the option to agree an extension to this time frame with their employer and this may be of benefit – for example, where an employer suggests a trial period before its final decision is made.
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