Right to request flexible working

All eligible employees have the right to request flexible working. Employees do not have the right to flexible working on demand, but rather a right to submit a request to their employer.

The flexibility can be in the:

• time of work (for example requesting a change to start or finish times);
• place of work (for example requesting to work at a different branch, or work from home); or
• hours of work (for example requesting a reduction in working hours).

If the request is agreed, the change can be a permanent change to the employee’s contract. However, it is advised that a it is initially made as a temporary change, with a review period of 3 months in order to establish if the change mutually benefits both parties.

Eligibility

To be eligible to make a request for flexible working the individual must:

• be an employee
• have at least 26 weeks’ continuous service at the date the application is made
• not have made a request for flexible working in the previous 12 months.

Employees include part-time or fixed-term employees but not contractors, consultants and agency workers.

Making an application

The employee is required to make an application for flexible working in writing.

The application should:

• state that it is an application for flexible working
• be dated
• specify the date on which the employee would like to start flexible working
• detail the change that is requested
• explain the effects that the employee thinks the requested change would have on the employer’s business
• explain how the employee thinks any such effects might be dealt with
• state whether the employee has made a previous application for flexible working, and if so, the date that application was made.

Responding to an application

Acceptance

All requests must be dealt with in a ‘reasonable’ manner and within a three-month period.

If the request is agreed, the HR Team must be informed immediately in order that a written change to the employee’s terms and conditions can be issued.

Refusal

If the request is declined, the manager must meet with the employee and in discuss the reasons for refusal and confirm to the HR Team who will follow up the confirmation in writing.

Managers must ensure that the request has been fully reviewed and all options explored before refusing any request.

Refusing an application

Requests can be refused if the employees concerned are ineligible to make a flexible working request (for example, if they do not have the requisite service or if they have made a previous request within the past 12 months).

Requests can also be refused if the employee has failed to make a request setting out all of the required information. However, in such cases an employee can simply submit an amended request (the 12 month limit will not apply) and, if a request is dismissed out of hand, there would also be a risk of an employment tribunal claim. Best practice, therefore, would be to notify the employee of the issue and give him/her a chance to correct it.

In all other cases, an applications can only be refused on 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
• planned structural changes.

It is recommended to contact the HR Team before any refusal is made.

Appeals

Employees have the right to appeal any decision and this must be done so in writing within 5 working days.

In order to ensure that the employer has acted reasonably, it would be useful for the manager making the decision to arrange for the appeal to be considered by someone uninvolved in the original decision.

Review Periods

All temporary changes to terms and conditions should be reviewed regularly throughout the three month trial period, with a conclusion being reached as to whether the arrangement should become a permanent contractual change before the trial period has expired.

Withdrawing a Flexible Working Request

You can consider an employee’s application as having been withdrawn if:

• the employee notifies the employer as such either orally or in writing
• the employee fails to attend an arranged meeting or appeal hearing on more than one occasion without good reason.

In these circumstances, liaise with the HR Team to confirm if the request should be withdrawn. If confirmed, the employee will be written to and will not be entitled to make another request for flexible working for 12 months.