What is a Flexible Working Request?

Flexible working is an arrangement that allows a person to change when, where, and how often they work. Many businesses allow hybrid and remote working to encourage a healthier work-life balance for their staff.

The current government has passed new flexible working rules for 2024. This includes a number of original and amended legislation set to pass before the end of the year. A lack of compliance could result in tribunal claims, compensation fines, and reputational damages.

Let’s take a look at how employers can manage a flexible working request raised by their staff:

Addressing the request

The first step employers should take is addressing the flexible work request raised to them. This should be sent in written form either by letter or email. The request must include:

• The date of the request.
• A declaration stating this is a statutory request for flexible working.
• Details on how and when they want to work flexible hours.
• A statement saying whether previous applications have been made (including dates).

In some cases, an employee may decide to withdraw their application for personal reasons. Here, they’ll should inform you about their decision in writing. Employers must then decide whether to treat their original request as a withdrawal request or not.

Schedule a consultation

Next, employers should invite the employee requesting flexible working to a consultation meeting. Here, both parties can express their reasons fairly. Employers must only pass their final decision through a ‘reasonable manner’ after:

• Assessing the advantages and disadvantages of the application.
• Discussing possible alternatives to the request.
• Offering an appeal process.

Reply within the timeframe

Employers must make their decision within two months of receiving the flexible working request. (It can take longer if the employee in question agrees to this).

If you accept the employee’s request for flexible working, express your decision in writing through an outcome letter. The letter should include:

• A statement of the agreed working changes.
• A date for when flexible working will initiate.

The letter should also outline any new terms and conditions related to their job. They should be added to their employment contract. Ideally, this should be done as soon as possible or within one month of approving their request.

Deal with refusals

If you decide to refuse their flexible working request, this decision must cover one (or more) of eight legitimate business reasons:

1. The extra costs that could harm the business.
2. The work cannot be reorganised between other staff.
3. People cannot be recruited to do the work.
4. Flexible working will affect quality.
5. Flexible working will affect performance.
6. The business will not be able to meet customer demand.
7. There’s a lack of work to do during the proposed working hours.
8. The business is planning changes to the workforce.

The refusal decision should be given through an outcome letter clearly stating your legitimate reasons for declining.

Can an employee against a refusal for a flexible working request?

As of 2024, employees still have the right to appeal a refusal outcome for their flexible working request. However, there are talks of the government proposing to change this statutory right.

If the employee is unsatisfied with your internal appeal process, they may raise their issue to an employment tribunal. They could do this because they believe their employer:

• Didn’t handle the request in a reasonable manner.
• Wrongly treated their request as being withdrawn.
• Dismissed or discriminated against them due to raising a request.
• Refused the request based on incorrect facts.

It’s important to note that employees cannot complain to an employment tribunal just because their flexible working request was denied.

Get expert advice on flexible working with Peninsula

With the right steps, flexible working arrangements can benefit both businesses and their staff. By complying with the laws, you’ll be able to protect your routine operations whilst promoting office and work from home balances.

Peninsula offers expert advice on flexible working. We also offer 24-hour HR advice – keeping your business compliant when it comes to changing working conditions.

Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.