What you need to know…
What is a flexible working application?
A request for a change to contractual terms, which can include changes to:
- Hours of work (e.g. part-time, flexi-time)
- Times of work (e.g. compressed hours)
- Place of work (e.g. work from home)
How is a request made?
The Employee needs to describe or explain their request for Flexible Working in writing, including:
- The reason(s) for the request
- The desired commencement and if appropriate, the end date of the requested change(s)
What are the timescales?
- The employee has the right to request flex days from the first day of employment. From 5 December 2022
- Unless the request is approved, the employer must meet with the employee within 28 days to discuss the request and, within 14 days of the meeting either agree to the request (potentially on a trial basis) and confirm any impact on terms and conditions or refuse the request.
- The employee is entitled to appeal the decision by writing within 14 days.
- Any appeal must be dealt with within 14 days of its receipt.
- A final decision must be given within 14 days.
What are the fair reasons for refusal?
Any agreement to a flexible working request is at the company’s sole discretion and will be based on the needs of and impact on the business.
You can fairly refuse a request on the following grounds:
- The burden of additional costs.
- It renders the employer unable to meet customer demand.
- The inability to re-organise the workload among existing employees or recruit additional employees.
- Detrimental impact on quality or performance of the business.
- Lack of work during the employee's proposed working times.
- Adverse affect on the employer's planned staffing changes.
What you need to do…
- The application must be in writing and explain the reason for the request.
- A meeting should be held before day 28 to discuss the request and to either agree, agree with a trial period or to decline.
- The request should be considered fairly and reasonably in line with business requirements.
- Reasons for any decision and any impact on terms and conditions should be confirmed in writing, together with confirmation of any right to appeal.
During and at the end of any trial period, the employer should review and decide if the trial be made permanent.
- If successful, the change and any impact on Terms and Conditions should be confirmed in writing.
- If the trial is not successful, the employee should have this, and any reasons, confirmed in writing and given a right of appeal.
If you need help and advice at any stage of the flexible working process, call 747559 and we can help.