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Flexible Working Requests

Flexible Working Requests | Ashored Bookkeeping and Accountancy

Introduction

All employees in the UK with at least 26 weeks' continuous employment have a right to request flexible working arrangements, for example working from home, working fewer hours or changing their starting or finishing time. Employers are legally required to consider an employee's request in a reasonable manner and must not refuse it without a valid business reason. Accepting an employee's request for flexible working will lead to a permanent change to their employment contract.


Here we provide information about employees' flexible working rights, including details of which employees can request flexible working, how employers must deal with a request and when they can refuse a request.


The information is intended as a starting point only. Professional advice should be sought before any decisions are made.


Who is allowed to request flexible working?

The statutory right to request flexible working across the UK is provided to 'qualifying employees', meaning:

  • Employees, other than agency workers, who have worked for the same employer continuously for at least 26 weeks at the date the request for flexible working is made.

  • Agency workers who are returning from a period of parental leave and have worked for the same employer continuously for 26 weeks.


Currently, an employee has a statutory right to submit only one request to work flexibly during a 12-month period, which means that if they submit additional requests, their employer does not have a legal obligation to consider them. However, many employers have their own schemes, under which they will consider more frequent requests from employees.


From July 2024, employees and agency workers will be able to request flexible working hours from day one of a new job. Qualifying employees will also be able to submit two flexible working requests per year.


Types of flexible working

Requests for flexible working must relate to the employee's:

  • Working hours.

  • Times of work.

  • Working location.


Examples of the types of flexible working arrangements that can be requested include:

  • Annualised hours (working an agreed number of hours in the course of a year, with flexibility with regard to when the hours are worked).

  • Compressed hours (where an employee works their total number of contracted hours over a shorter time period, such as over four days rather than five).

  • Flexitime (flexibility with work start and finish times).

  • Remote working (working from home or elsewhere).

  • Job sharing.

  • Self-scheduling.

  • Shift working.

  • Term-time working.


Requests for flexible working

Requests must be in writing, and must include the following information:

  • The date.

  • The flexible working arrangement that is being requested, and when the employee wants it to start.

  • How the employee thinks the flexible working arrangement would affect the employer's business and how, in their opinion, this might be dealt with. From July 2024, this requirement will no longer apply.

  • A statement confirming that the request is a statutory request for flexible working.

  • Dates of previous flexible working requests they have made.


Dealing with a request for flexible working

Across the UK, employers have a legal duty to consider flexible working requests in a reasonable manner and not to refuse them without a valid business reason. However, the procedure that employers need to follow in England, Wales and Scotland is slightly different from the procedure in Northern Ireland.


From July 2024, employers will only be able to refuse a request if they have consulted with the employee.


England, Wales and Scotland

When making a decision on a flexible working request, employers in England, Wales and Scotland should follow the current Acas 'Code of Practice on Handling in a Reasonable Manner Requests to Work Flexibly' (www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/html). If they do not, this may be taken into account if an employee takes them to an employment tribunal.


To demonstrate compliance with the code, employers should keep all written correspondence relating to the request, as well as a written record of any meetings held with the employee.


Key requirements of the code include:

  • Talking to the employee as soon as possible after receiving the request.

  • Discussing the request with the employee in order to clarify the changes required. If possible, this meeting should be held in private, although an employee has the right to be accompanied at the meeting by another member of staff or trade union representative.

  • Considering the request carefully, weighing the benefits of the requested changes against any adverse effects on the business.

  • Notifying the employee of their decision in writing as soon as possible. As a legal requirement, notification must be provided within three months (two months from July 2024) of the request being made, unless the employee agrees to a longer period.


Northern Ireland

In Northern Ireland, employers must follow a statutory procedure for dealing with flexible working requests.


To demonstrate compliance with the statutory procedure, employers should keep all written correspondence relating to the request, as well as a written record of any meetings held with the employee.


The statutory procedure requires them to:

  • Hold a meeting with the employee within 28 days of the request being made unless they have provided the employee with a written agreement to the request during this period.

  • Allow the employee to be accompanied at the meeting by another member of staff or trade union representative.

  • Notify the employee of their decision within 14 days of the date of the meeting.


Time limits may be extended, by agreement of both parties, where more time is needed for a trial period of the new working arrangement, or to explore an alternative working arrangement.


Refusing a request

An employer can only refuse a request for flexible working for one or more of the following prescribed valid business reasons:

  • Unacceptable burden of additional costs.

  • The detrimental effect on the ability of the business to meet customer demand.

  • Inability to re-organise work among existing staff.

  • Inability to recruit additional staff.

  • Adverse effect on quality.

  • Adverse effect on performance.

  • Insufficient work during the periods the employee proposes to work.

  • Any planned structural changes.


It is important to ensure that any refusal of a request for flexible working cannot be interpreted as discrimination (for example, against a male employee with young children when similar requests are granted to women).


When notifying an employee that their request has been refused, employers must provide an adequate explanation of the reason(s) for refusal in writing and advise the employee of their right to appeal.


Enforcement

If an employee feels an employer has breached their flexible working rights by failing to follow the correct procedure or making a decision based on incorrect information, they can take the matter to an employment tribunal.


If an employment tribunal makes a decision against an employer, it can order the employer to reconsider the flexible working request and pay compensation to the employee of an amount not exceeding eight weeks' pay. However, the employment tribunal does not have the power to order an employer to implement a flexible working arrangement that they have refused.


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