As of 30th June all employees now have the right to request flexible working under a new initiative introduced by the government that is designed to recognise the growing importance of flexible working for both workers and employers.
This was formerly a right that was only available to those who had dependents i.e. parents with children under the age of 17 (18 if the child was disabled) or certain types of carers. Now, any employee has the right to request flexible working, as long as they have at least 26 weeks service at a company. According to the Department of Work and Pensions this now gives 20 million people the right to request flexible working. As a result, it is likely that many employers will now start receiving requests from staff so how should these be dealt with?
The main issue for employers to focus on with flexible working is the fact that all employees have the right to have a request for flexible working considered in a reasonable manner.
There is no automatic right to be granted flexible working but all requests must be reasonably considered. What this essentially means in practice is giving the same consideration to all employee requests. Employers should set out in writing, for clarity, how a request can be made by an employee and what information needs to be included with the request. Requests for flexible working should:
- Be made in writing.
- State that they are a request for flexible working.
- Be dated.
- Explain the commencement date for the flexible working to begin and what arrangements the employee is seeking.
- Identify any effects the employee believes the conditions requested could have if approved and how to deal with these.
- Confirm that this particular employee hasn’t made another flexible working request in the previous 12 months.
Employers receiving flexible working requests should put a process in place to deal with these as efficiently as possible to ensure that they fall within the ‘reasonable’ consideration. This includes:
1. Unless otherwise agreed with the employee, deal with the request within three months.
2. Handle every request consistently and with an open mind and demonstrate serious consideration of each request – for example, if a request cannot be met, offer a compromise.
3. Treat the process seriously i.e. maintain records that demonstrate why a request was granted or refused and keep notes of meetings, as well as allowing employees to be accompanied by a work colleague to any meetings set up to discuss the request.
4. Ensure transparency by fully explaining all decisions taken and confirming everything in writing – remember that this is a permanent change to a contract of employment so it must be taken seriously. If a change is agreed then the new working arrangements also need to be confirmed in writing – be sure to remind the employee that another request cannot be made within the next 12 months.
As well as the above it is key to bear in mind when rejecting a request to avoid any protected characteristics that could lead to a discrimination claim, such as sex or race. Any rejection must fit within one of the business reasons set out in the original legislation:
- The arrangements would create additional cost that would damage the business.
- Work could not be reorganised amongst other staff.
- It wouldn’t be possible to recruit new staff to do the work.
- The arrangements would affect quality and performance.
- If the arrangements were agreed the business would not be able to meet customer demand.
- The working times proposed in the arrangements would mean there was a lack of work to do.
- Changes to the workforce are being planned by the business.