Autumn can bring a spike in flexible working requests. A parent juggling the new school term, someone making a lifestyle change, an employee taking on a qualification to pursue a personal interest — the reasons vary, but the requests can keep coming.
What is important for businesses to remember in the run up to Autumn is that statutory flexible working requests should be handled promptly, appropriately and reasonably, and this can help to protect your business from employment tribunal claims.
So, is your business flexible-working-request ready? Here are three fast facts to get you started.
What is the statutory right to request flexible working?
It is a right for your employees to ask for a change in the hours they are required to work, the times when they are required to work or where they are required to work (for example to ask to change from purely office working to a hybrid working pattern). The statutory right to request flexible working is a ‘day one right’, it can be made for any reason and should be made in writing.
Whilst the right to request flexible working is exactly that – a right to make a request rather than an employee having an automatic right to the change/s they ask for – businesses do need to be careful and act appropriately in relation to a request, as you will see in relation to dealing with requests below.
How many statutory flexible working requests can be made?
Employees are entitled to make two requests in any 12-month period. However, it is helpful to know that an employee may have only one live request for flexible working with their employer at any one time.
How should we deal with a statutory flexible working request?
In outline, it’s important to be aware that:
Businesses are required to deal with flexible working requests in a ‘reasonable manner’ and in accordance with the ACAS statutory code of practice on flexible working requests (employment tribunals will take the code into account in relevant cases if an employee makes a complaint to an employment tribunal regarding their flexible working request)
Businesses are required to complete the flexible working process (including dealing with any appeal) within two months of the date on which the employee’s application for flexible working is first received (although the time period can be extended by agreement with the employee).
Whilst it can be possible in some circumstances to refuse a request for flexible working on one or more of the eight statutory grounds for refusal, this is not a step to be taken lightly and not before consulting with the employee. For advice on what consultation entails and the statutory grounds for refusing a flexible working request, please get in touch. It’s important to be aware that if a flexible working request cannot be accommodated in full, there is an emphasis on ‘compromise’ if possible. Don’t forget to be alert to potential discrimination issues in relation to statutory flexible working requests, for example, a woman who requests flexible working due to childcare commitments may argue that she has been subject to indirect sex discrimination if her requested change(s) are refused and she is required to work full time, or a disabled employee may for example be requesting changes to hours of work as a reasonable adjustment under the Equality Act, with additional considerations coming into play. Getting specific advice on the situation you are dealing with is key.
If a statutory flexible working request is agreed, any changes to your employee’s terms and conditions will usually be permanent unless you and your employee agree otherwise. Getting the paperwork right is a must, such as a new contract/contract variation letter, we can save you time by supporting your business with this so please get in touch.
As you may be aware, employees are protected from being dismissed and /or treated detrimentally because they requested or sought to request flexible working. They have this protection irrespective of their length of service.