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Read more articles in: Amanda Hyam, Blog, Employment Law
Many employees will have prior commitments outside of their working lives and many will request flexible working arrangements to suit those needs.
As an employer, it is important to understand the legal requirements involved in flexible working to ensure your business isn’t affected but also your employees’ needs are met.
In short, all employees can request flexible working hours as it is their legal right to do so. It is then down to you as an employer, to discuss this with them and find a solution that suits both parties.
Given it is their legal right, your employee can request to change the flexibility in the hours they work, when they start or finish, the days they work and where they work, whether that be in an office, building or from home.
For employees, their request must be heard, and you must then sit down to negotiate with them to find a solution that works.
These flexible working requests are known as a statutory application which is an employee putting in an official request and you must act on this.
An employee must submit a written request via letter or email a request to an employer and those requests must include specific details.
An employee must include the date of the request, a statement that is a clear request for flexible working as well as how and why they need to work flexibly.
If they’ve made a previous application for flexible working, they must also include this in their latest request with the dates of that.
As it is an employee’s right to request flexible working, you as an employer must handle the request and ensure a solution is found.
You can refuse the application if you have sound business reasons, but you run the risk of potential legal action from your employee or even that employee leaving the business entirely.
Naturally, you must assess the impact this may have on the business, how that role could change and your expectations of that employee in a slightly different way of working.
You must assess the advantages and disadvantages of the submitted request. Analyse in detail and decide from there if the request is viable for the business. However, you must also take into consideration your employee’s feelings.
An employer must handle the request within two months of the application being submitted and if you approve it, you must update your employee’s contract, confirming the details of agreed terms.
The Employment Rights Bill which is due to pass through Parliament later this year will provide further clarity on flexible working hours and ensure employers know what they must do.
The new Bill, expected to become law in the Autumn, will allow employees to make two statutory flexible requests within a 12-month period.
In addition to this, the Bill, also states employers are required to consult with employees before refusing a request.
Open, honest communication between yourself and the employee will help make the request much easier to handle and easier to find a solution that works for your business and your employee.
If you do receive a flexible working request from your employee and are unsure as to what your legal position is, you should seek legal advice and speak with employment experts.
They can map out exactly what is required of you, give you the tools to having positive conversations with your clients and help you fulfil your legal obligations.
Need support with flexible working requests? Get in touch with our team for sound, expert advice.
Head of Dispute Resolution and Employment
I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.
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