From April this year, the right to make a flexible working request became a day one right for all employees. As an employer, you need to have a clear policy in place, setting out the process for making a request and explaining how a request will be dealt with by the business.
4 tips for employers when you receive a flexible working request:
1. What the request must include
All requests should be in writing, so that a clear paper trail exists. Each request must reference that it’s made under the statutory procedure and contain the following information — the date of application, the change that the employee is asking for and when they’d like to start working flexibly. Finally, they need to state whether this is their first application, if not, when did they apply before?
2. Limit the number of requests
An employee cannot make more than two requests in 12 months. Make sure there are no current requests from the employee, only one can be considered at any time.
3. Remember there’s a time limit
Take note of the date of application. There is a time limit for the business to respond. You have two months from the date you receive the request, including holding any appeal.
4. Is the request related to a disability?
Check whether the request might be prompted by a disability. If it is, you have a duty to make reasonable adjustments and a different procedure might need to be adopted. In particular, the request should be granted if it’s reasonable and would remove any substantial disadvantage the employee is facing in the workplace. In the case of a disability, you should not just apply the eight grounds for refusal which apply to flexible working requests.
The Employment Rights Act 1996 outlines the following 8 reasons when an employer can refuse an application:
- the extra costs will damage the business
- the work cannot be re-organised among other staff
- people cannot be recruited to do the work
- flexible working will affect quality
- flexible working will affect performance
- the business will not be able to meet customer demand
- there’s a lack of work to do during the proposed working times
- the business is planning changes to the workforce
Useful links
• Flexible working: After the application – GOV.UK (www.gov.uk)
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