Flexible working

Who can request flexible working?

Employees have the right to request flexible working from
day one of their employment and are able to make 2 requests in a 12-month
period.

This is the right to request flexible working, and not the
right to be provided with flexible working.

What does flexible working mean?

Flexible working covers working patterns which provide
flexibility on when, where, and for how long work will be carried out. This
includes part-time working, 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?

If an employer is not able to grant the request, or are
looking to suggest an amended request, they must meet with the employee to
consult on the matter.

What are the reasons a business can decline a flexible
working request?

Should an employer be unable to grant a request they must
use one or more of the following 8 prescribed business reasons for rejecting
the request;

• The
  burden of additional costs
• An
  inability to reorganise work among existing staff
• An
  inability to recruit additional staff
• A
  detrimental impact on quality
• A
  detrimental impact on performance
• A
  detrimental effect on ability to meet customer demand
• Insufficient
  work for the periods the employee proposes to work
• A
  planned change to the business

What are the risks of not effectively dealing with
flexible working requests?

Employers need to be aware that there is a statutory process
which needs to be followed when a formal request for flexible working has been
received. This includes meeting with the employee if the initial request cannot
be accommodated and discussing what other options may be available with a view
to finding an arrangement that works for both parties.

Whilst the compensation for failure to comply with the
statutory process to handle flexible working requests, or deal with a request
in a reasonable manner, is capped at 8 weeks’ pay, employers could find these
complaints are coupled with claims of discrimination too. Claims for
discrimination, both direct or indirect, associated with flexible working
requests can be based on sex, age or disability and if successful, attract
uncapped compensation awards. Employees can also argue that the failure to consider
the request is a fundamental breach of contract and therefore could resign and
claim constructive unfair dismissal.

How can Lovewell Blake help?

Our HR consultants can 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 people managers.