Flexible Working
Here are our top 10 tips for flexible working – everyone in the UK has this right, here’s how to get it right.
1. The right to request flexible working.
Everyone in the UK has the right to request flexible working from day one, and you can make two requests in a 12 month period.
2. Flexible working requests should be made in writing.
Any such requests should be made in writing, must state what change they are looking for.
3. Time, days and location changes can be requested.
Requests can be for a change in working hours, days or working location. Such as moving from full to part-time, or working a condensed week, or working from another office or from home where appropriate.
4. A change in personal circumstance should be stated in the flexible working request.
If the request is being made because of a change in personal circumstances, such as becoming a parent or grandparent, or due to a change in health status such as a disability, this should be clearly stated in the request.
5. Employers have a legal duty to consider all flexible working requests.
Employers must also respond formally in writing within two months of the request being made.
If they can agree to the request a meeting will not be necessary, but if not then a meeting must be convened to discuss the request where the employee has the right to be accompanied.
6. There are eight fair reasons to reject a flexible working request in law.
Your decision to reject the application must be made in writing, and explained quoting the legal basis on which you are refusing the request and giving sufficient detail about why so the employee understand and give the right to appeal the decision.
7. Unreasonably refusing a request of a parent or grandparent may result in a sex discrimination claim.
This claim can be made on the basis that women are more likely than men to have childcare responsibilities. Rightly or wrongly.
8. Avoid facing a disability discrimination claim.
If you unreasonably refuse a request made by a person who is disabled under the terms of the Equality Act 2010, you might face a disability discrimination claim for failure to make a reasonable adjustment under the Act.
9. You can make an offer of an alternative arrangement.
Any such offer should be explored in the flexible working meeting before any final decisions are made.
10. Flexible working changes are usually permanent.
But you may agree to a temporary change if the need is only short term. Or a trial period in order to help you and your employee determine if the change is workable for both parties. Any such terms should be confirmed in writing and reviewed formally before final decisions are made.
BONUS TIP!
Just because you have approved one request, does not necessarily mean you must approval all others.
All flexible working requests must be considered giving regard to the business circumstances present at the time, and the implications of the request on your organisation.
Here to support you
Not sure where to start with HR? Or are you a HR veteran and just need a little support in terms of documents and systems. No matter your situation or employee numbers – we’re here to support you.
