Question

One of my employees has handed me a 'flexible working request'. What should I do next?

Answer

Consider the request and decide whether it is something that you can agree to. If you do agree, you can inform the employee that you agree to the new arrangements and confirm them in writing. Don’t forget that you may need to issue a new contract, or an amendment to contract, and you may wish to see how the arrangements work in practice so you may want a trial period. All these matters need to be set down in writing and you may wish to seek legal advice when doing so.

However, if you disagree, or need persuading, and the employee has childcare (16 or under) or adultcare (age 18 or over) responsibilities or needs to care for a disabled child under 18, they will qualify for the ‘right to request’ which means that you will need to go through a formal procedure. Technically you only have to go through this procedure if the employee has 26 weeks’ service and has not made another request within the last 12 months.

The employee’s request for flexible must contain all the information required under the flexible working regulations, including details of the work pattern that they are requesting and any effect that they anticipate the proposed work pattern would have on your business and how they can be accommodated. However, even if they have not strictly complied with the statutory requirements, you should take an understanding view and ask questions, rather than simply rejecting the application.

You are obliged to arrange a meeting to hear the request within 28 days (with the right to be accompanied by a colleague) and must agree or provide the grounds for refusal within 14 days of the meeting. Refusal must be for one or more of statutory reasons i.e. 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 changes.

The employee can appeal within 14 days of the request being rejected and you must organise an appeal meeting within 14 days of that appeal and must deliver the appeal decision within 14 days of the appeal meeting.

It is important to take advice before rejecting an application because although the flexible working regulations may provide you with the required reasons to refuse the application, you may still commit an act of indirect discrimination which could result in a claim in the Employment Tribunal and an order that you pay a large amount of compensation.

If you would like to know more, please contact Tony Hyams-Parish, Head of Employment, in confidence and without obligation by emailing Tony or by calling him on 08450 990045, or speak to your usual contact in the Employment Team.

This answer is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this article.

Read some of our previous Employers Questions here.