Flexible Working  ~/

[Updated 12/04/2024]

Qualifying Conditions for Flexible Working

From 6th April 2024, the right to make a request for flexible working will exist from the first day of employment; there is no longer a 6 month service requirement.

It is a statutory right to request a flexible working arrangement:

–  Two requests may be made in a 12 month period (not at the same time);
–  A request must be in writing, dated and inform your manager that it is a statutory request and what flexibility you are seeking and from what date; you also need to state if an request has been made before and, if so, the date of the earlier application to work flexibly.
– The individual is no longer required to make suggestions as to how the request may be accommodated;
– Managers must consider the request reasonably and consult with the employee about the request;
– A response to the request should be given within 2 months of the request but a longer period may be agreed between the individual and his/her manager;
– The request may be declined for specific business reasons set out in the regulations.

TIP it is better to retain motivated staff so discuss the reasons for the request and possible ways to help with the issues the employee is trying to address. Consider whether for both parties, a trial of the arrangement may help to ensure it addresses the employee’s and the organisation’s needs or slight adjustments that may prove more beneficial.

Remember to confirm any agreed changes in writing as an amendment to the individual’s terms of employment.

Refusal of a Request

A request may be turned down for the following specific ‘reasons’ set out in the legislation:

– insufficient work to do during the proposed working times;
– changes to the workforce are being planned;
– the work cannot be re-organised among other staff;
– people cannot be recruited to do the work;
– it will require extra costs that will damage the business;
– the business will not be able to meet customer demand;
– flexible working will affect quality and performance.

Complaint to an Employment Tribunal ~

There is no right to a Tribunal hearing just because a request for flexible working is not agreed. There is a right if any of the following have significantly influenced the decision to turn down the request:

– did not handle the request in a ‘reasonable manner’;
– wrongly treated the employee’s application as withdrawn;
– rejected an application based on incorrect facts;
– dismissed or treated an employee differently to their detriment because of the request.

A Tribunal may Order:

• Reconsideration of the request and/or
• Compensation up to 8 weeks of pay maximum £5,600 (£5,144) – the cap on a week’s pay applies.

Managers need to bear in mind that if there is any evidence of discrimination in the decision to refuse, the Tribunal could take note of this in their decision and decide that a higher award is justified.