Why Are Flexible Working Requests on the Rise?
Recently, a growing trend has caught our attention: introducing mandatory days in the office is leading to an increase in flexible working requests. The pandemic showed employees that remote work is both feasible and effective, making them more determined to maintain flexibility. As companies push for more office attendance, employees are responding by requesting more control over their working hours, location, and conditions.
But here’s the thing: when you receive a flexible working request, it’s not just a simple yes or no decision. There’s a legal process to follow, and mishandling it could lead to issues down the line.
Understanding the Legal Process for Flexible Working Requests
In the UK, employees have the legal right to request flexible working from day one of their employment. This covers changes to working hours, location, or even how work is done. Employers must manage these requests in a reasonable manner and can only reject them for specific business reasons. Whether you approve, reject, or propose an alternative, it’s crucial to follow the correct legal procedure.
Let’s explore the key steps in responding to flexible working requests.
HOW TO: Respond to a Flexible Working Request
Here’s a simple step by step guide to help you comply with the legal requirements:
Informal Agreements: Not every flexible working request requires the formal statutory process. If the change is minor or temporary, or if the employee doesn’t have a statutory right (e.g., they’ve made two requests in a year), an informal agreement might be more suitable. However, any agreed change that affects the employment contract should still be documented.
Statutory Requests: Employees can make a formal request from their first day on the job. Employers must process these requests within two months and base decisions on legitimate business reasons. The request must be in writing and include details of the change being sought.
Follow this process:
Receive the Request in Writing: Ensure the request includes all relevant details such as the change being requested, the start date, and any prior requests.
Acknowledge the Request: Confirm receipt and outline the next steps for the employee.
Consult with the Employee: Hold a meeting to discuss the request, considering how it will impact both the employee and the business.
Consider the Request Fairly: Evaluate the request against business needs and explore alternatives if the original request isn’t feasible.
Make a Decision: Decide whether to accept, partially accept, or reject the request. If rejecting, ensure the reason aligns with one of the eight legally acceptable business grounds.
Handle Appeals: While not legally required, offering an appeal process is recommended as it enhances fairness and transparency.
Document Changes: If you approve the request, update the employee’s contract and confirm the new working arrangements in writing within one month.
Legitimate Reasons for Rejecting a Request
Legally, you can only reject a flexible working request for one or more of the following reasons:
It’s too costly for the business.
Work cannot be reorganised among other staff.
It’s difficult to recruit additional staff.
The change would negatively impact quality or performance.
It would affect your ability to meet customer demand.
There’s insufficient work during the proposed hours.
Planned changes within the business, such as a reorganisation.
Consider Trial Periods
If you’re unsure whether the requested change will work, consider a trial period. This allows both parties to test the arrangement before making a final decision. You can agree to extend the decision deadline beyond the usual two months if you’re using this approach.
Requests Related to Disability
When a request relates to a disability, the situation is more complex. You’ll need to consider both the statutory flexible working procedure and the requirements under the Equality Act 2010. Handling these requests carefully is crucial to avoid legal complications.
Pre-Employment Considerations
It’s wise to discuss flexible working options during recruitment, even before employment starts. This sets clear expectations and prepares you for any potential requests.
Keep Records and Communicate Clearly
Document all discussions, meetings, and decisions related to the request. Whether approving or rejecting, communicate your decision in writing. Proper documentation not only ensures legal compliance but also promotes transparency.
Final Thoughts
Managing flexible working requests effectively can help maintain a motivated and engaged workforce while balancing business needs. With more businesses introducing mandatory office days, it’s likely that flexible working requests will continue to rise. Be proactive, be fair, and follow the process to ensure your business is well-prepared for this evolving work landscape.
This guide is intended to support small businesses in managing key HR processes. Please remember that each situation is unique and may have some less obvious risks. Where possible, we recommend you have a call with one of our People Partners to discuss individual cases before you meet with them. You can access our team with no ongoing monthly commitment by signing up you our Pay As You Go HR Service. Find out more here