Flexible Working

Since COVID hit in March 2020 flexible working became a fact of life for many employees.

Currently the rules stand as follows, but they are set to change from 1st April, for more information on the changes, see our latest blog; Flexible Working requests - Day one right to request.

Who has the right to make a flexible working request?

An employees has the right to make a flexible working request if:

you’ve employed them for at least 26 weeks
they are legally classed as an employee
they’ve not made a previous flexible working request in the last 12 months

What kind of flexible working request can be made?

An employee can make a request for greater flexibility or a change to their current contractual arrangements. They may put in a request:

to reduce their hours to work part time
to change their start and finish time
to work 'flexitime' i.e. vary their start and finish times
to work the same amount of hours over less days ('compressed hours')
to work remotely from home or elsewhere for some or part of the time
to job-share

The request could be made for all days or just for a specific day or shift or even for specific weeks only, for example during school term time. It might also be made for a limited time, for example for 6 months only.

How does an employee make a flexible working request?

An employee's application must:

Be in writing.
Be dated.
State that it is an application made under the statutory procedure.
Specify the change that the employee is seeking and when they wish the change to take effect.
Explain what effect, if any, the employee thinks the change would have on the employer and how any such effect could be dealt with.
State whether the employee has previously made an application to the employer and, if so, when.

What happens if an employee makes a flexible working request?

If the employee meets the criteria to make the request then the employer must consider the request. If you have a policy on flexible working make sure that you consider the request in accordance with this policy. If you don't have a policy then we can help you draft one. Call us on 01827 317070 or email employment@pickerings-solicitors.com

How to deal with a flexible working request

You should deal with the request in a reasonable manner and notify the employee of its decision within the 'decision period' The decision period is three months beginning with the date on which the employee's request is made or such longer period as the parties may agree.
An employee's request is generally taken to be made on the day on which it is received.

Can an employer refuse a flexible working request?

Only refuse a request on one or more of the following grounds:

the burden of additional costs;
detrimental effect on ability to meet customer demand;
inability to reorganise work among existing staff;
inability to recruit additional staff;
detrimental impact on quality;
detrimental impact on performance;
insufficiency of work during the periods the employee proposes to work; or
planned structural changes.

ACAS have a useful document detailing minimum standards for dealing with flexible working requests https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/html

This is a summary of the points you need to be aware of in relation to flexible working. In practice you need to take care that in dealing with a request you do not give rise to a discrimination claim. It is important to extend the same fair procedure to all. For detailed advice contact our employment team on 01827 317070 or employment@pickerings-solicitors.com

Important Information

From 6^th April 2024 onwards, The Flexible Working (Amendment) Regulations 2023 sets out that employees will no longer be required to accrue 26 weeks’ of continuous service in order to make a request for flexible working. The right will apply from day 1 of employment.

For more information, see our latest blog; Flexible Working requests - Day one right to request.