What is a flexible working request and who can apply?
It should contain the following:
The current date.
The change to working conditions and/or flexible working pattern they are seeking.
When and why they would like the change(s) to take effect.
The duration (if applicable).
Whether they wish it to apply permanently or for an initial trial period.
What effect they consider the request will have on the organisation and how this could be accommodated.
Whether they are making the request under the Equality Act 2010 e.g. a “reasonable adjustment” for a disability.
Any employee with more than 26 weeks’ continuous service may make a formal request for flexible working.
They may make only one request in a 12-month period.
In October 2022, a Flexible Working Bill was passed in the House of Commons. It means all staff are entitled to flexible working from day one of employment. The changes will be introduced through primary and secondary legislation when parliamentary time allows.
Upon receipt of a request, the employer must consider the employee’s request in a reasonable manner and within a reasonable timeframe. The entire process (including an appeal where one is offered) should be concluded within three months. How do you respond in a ‘reasonable manner’? Here are a few things we’d advise you to do.
Firstly, write to the employee acknowledging receipt of the application. In that same letter or email, suggest a date when you will meet with them to discuss their application. Remember the worker has the right to be accompanied to this meeting.
It’s also advisable to put in the letter when the organisation is likely to agree or disagree with the request. Also, you may wish to mention that (where necessary) an extension of time may be required to consider the application.
Next, make sure the request is considered objectively - you’ll need to assess both the advantages and disadvantages of the application. This should then form part of a meaningful discussion with the employee during the meeting.
It’s important to know here that if an employer doesn’t handle a request in a reasonable manner, the employee can take them to an employment tribunal.
There are eight ‘official’ ground for refusing an employee’s flexible working request.
1. The burden of additional costs
2. An inability to reorganise work amongst existing staff
3. An inability to recruit additional staff
4. A detrimental impact on quality
5. A detrimental impact on performance
6. Detrimental effect on ability to meet customer demand
7. Insufficient work for the periods the employee proposes to work
8. Planned structural changes to the business
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