Changes to the right to request flexible working

On 30 June 2014, the Flexible Working Regulations are amended. This will have a significant impact upon businesses and their employees.

What are the key points at present in relation to flexible working?

• Employees must have 26 weeks continuous employment
• Employers have to by law consider applications
• An employee can appeal against a refusal by an employer
• An agreement can be negotiated
• One application is allowed every 12 months
• Parents with children aged 16 or under (18 if disabled) and certain carers can apply

What are the key changes?

• The request can now be made by an employee with 26 weeks service
• The application need not be linked to children or care requirements
• The employer is not legally obliged to consider the matter but must consider the request in a reasonable manner 
• Employers have more flexibility to refuse requests on business grounds

What should I do as a reasonable employer?

The first thing any employer needs to do is to update their policies in relation to flexible working. This will include ensuring that staff are aware as to how they can make an application, how any when meetings will take place, how and when appeals will be heard and that the employer will fairly consider all requests.

How to handle a request

• Acknowledge the request and send the employee a letter confirming this
• Send the employee a copy of the policy document
• Have a meeting/discussion if the request cannot be agreed upon receipt 
• Allow the employee to be accompanied to any meeting (good practice not a requirement) 

How to decide a request

Consider the affect upon the business and balance these against the benefit to the employee. Consider any cost implications.

On what grounds can an application be refused?

• Additional costs to the business
• Inability to organise other staff
• Impact upon quality
• Impact upon customer demand
• Impact upon performance
• Planned changes to the business

Summary

As with any change to any law, it is unclear whether these changes will have a significant effect upon employers and indeed employee in the workplace. However, it is imperative that employers are aware of these changes and how they should deal with any requests in the future. 

The above comments are not intended to be specific legal advice upon any particular set of facts and should not be relied upon for the same. If in doubt, an employer or an employee should seek legal advice. If you wish to discuss this or any other employment issue further then please contact us on 01582 439795.

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