Flexible Working

Flexible working can take many forms - from a simple change in working hours to job sharing or working from home.

Whilst there is no automatic right to flexible working, certain categories of people – in particular those with children and those with responsibilities as carers- have the right to request it. The Government proposes to extend this right to all employees in future.

The request must be made in writing. If it is, then you must seriously consider any application which you make, and can only reject it if there is a good business reason for doing so.

Following a request you must arrange a meeting with the employee within 28 days and must notify them of your decision in writing within 14 days of that meeting. If you reject the request you must set out the reasons for doing so and these must be one of the specified reasons set out in the legislation.
If the employee doesn't agree with the decision they have 14 days to appeal and you must then reconsider it.

If you don't follow the correct procedure, reject the application for an impermissible reason or make your decision on the basis of incorrect facts the employee can apply to the employment tribunal for an Order that you reconsider the request and for compensation.

Even if you follow the correct procedure you can still in certain circumstances be liable for unlimited damages for indirect discrimination.

Rees Page can health check your flexible working policies and procedures or write one for you if you do not have one. We can also advise if you want to know how to handle a specific request, especially if you think you need to turn it down, and can provide representation if you are facing an employment tribunal Claim on this issue.