Changes to Flexible Working Requests in the Workplace

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From 6th April 2024 employees will be able to request flexible working from the first day of a job. Currently there is a minimum period of service required with an employer before being able to make a request.

What is flexible working?

A flexible working request could include asking for a change relating to:-

  • The hours worked.
  • The times required to work.
  • A change to the place of work, including the ability to work remotely and/or from home.

There is no limit to the type of flexible requests that could be made, and the different variations.

What other changes are there?

There is no limit to the type of flexible requests that could be made, and the different variations.

At present the employee has to explain, when making a request, how they consider the flexible working being requested that could impact the employer and what effect it would have. This is no longer mandatory but considered advisable.

From April there will be a requirement that employers consult with an employee before refusing a request.

When can a request be declined?

Employers remain obliged to deal with flexible working requests in a reasonable manner. This means that a flexible working request can only be declined on certain statutory grounds as follows:-

  • 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 structural changes.

If a request is refused then an appeal should be made available to the employee. There are strict time limits as to when any request should be dealt with by the employer.

What is the impact of an employer failing to deal with a request correctly?

If an employer fails to properly deal with a flexible working request then the employee can bring an Employment Tribunal claim against the employer, including on the following basis:-

  • The employer has failed to deal with the application in a reasonable manner.
  • The employer has failed to notify the employee of the decision within the decision period.
  • The employer has rejected the application for a reason other than one of the stated statutory grounds.
  • The employer’s decision to reject the application was based on incorrect facts.
  • The employer has treated the application as withdrawn but neither of the grounds entitling the employer to do so applied.

A claim must be brought by an employee to an Employment Tribunal within three months of the date upon which the claim arose. The remedies available to the Employment Tribunal are limited. However, where a Tribunal finds that a claim is well founded it must make a declaration to that effect and may make either or both of the following:-

  • An order for reconsideration of the request. If it does this the date of the Tribunal’s order will be treated as the date of the request.
  • An award of compensation to be paid by the employer to the employee, of such amount as the Tribunal considers just and equitable, up to the permitted maximum of 8 week’s pay.

From the above it will be noted that it is very important that employers understand their legal obligations with regard to considering flexible working requests. Also, employees need to understand their rights and entitlements.

Our Specialist Employment Solicitor, Jennifer Carpenter, can advise employers and employees in relation to issues relating to flexible working. After all, in this day and age when everyone is so busy, and after a period of hybrid working as a result of the Covid 19 pandemic, flexible working requests are becoming more and more common place.

Please contact us for specific advice with regard to your circumstances, the above being a summary only of the provisions as of 6th April 2024.