Speak to an expert on 0800 028 2420

Why flexible working is good for business

Kate Palmer - HR Advice and Consultancy Director

February 04 2019

Working from home. Late starts. Early darts. Flexible working has become the bargaining chip for businesses looking to attract and keep the best talent. So what do you do if an employee makes a flexible working request?

The right to ask

Once an employee has worked in your business for 26 continuous weeks, they have the right to ask for flexible working under the Employment Rights Act 1996. They’ll need to put their request in writing, clearly outlining how they’d like to change their current working pattern. There’s a statutory limit of one request every 12 months, but it’s your call if you allow more frequent requests. Hold a meeting and talk about the employee’s request before you start thinking about whether you can accept it or not.

The Equality Act: avoid discrimination claims

Under the Equality Act, you need to think about how refusing flexible working to employees with protected characteristics could be seen as discrimination. A member of staff could ask for flexible working to take care of their child and if you refuse, they might argue they’re being discriminated against because of their sex. When a flexible working request relates to an employee’s disability, you need to make reasonable adjustments. For example, if your employee has a disability and you refuse to let them leave work early to attend their weekly physiotherapy appointment, you could be in breach of discrimination law.

Refusing a request

Yes, you have to consider a flexible working request. But it doesn’t mean you have to agree to it… There are eight legal reasons you can use to justify refusing a flexible working request, including not having enough staff to cover shifts or failing to meet the demands of your customers. If there’s a sound business reason for refusing an employee’s request, you need to clearly state what that reason is.

Coming to a decision

Once you’ve received and considered your employee’s request, you need to tell them your decision within three months. Remember that any decision you make will set a precedent for future requests for flexible working. If you refuse the request, you have to clearly outline your business reasons and give the member of staff a chance to appeal. But if you agree to your employee’s request, then you need to tell them when their new working arrangements start. Not every business is equipped for flexible working. But offering it can boost staff morale and improve your working environment—and it’s a great way to attract new talent.

Latest Articles

View all blogs

Share

Any Questions?

We’ll be happy to help. Complete the form and an expert will call you.

Got a question?

Get a free callback from one of our experts

Speak to an expert

Suggested Resources

Latest Guides

Return to work

Return to work

Read more

Shift work

Shift Work

Read more

Flexible Working Law

For many employees, the prospect of sticking to a rigid 9 to 5 schedule may become stressful. To elevate this, many companies and businesses might con...

Read more

Overtime

Overtime

Read more Show more

Recent Blogs

Your COVID vaccine questions: answered

Read more

Here’s what I know: business will come back stronger than ever

Read more

Get mental health right from the start of the year

Read more

Making furloughed staff redundant: what you need to know

Read more
View all blogs

Popular Downloads

Anti-Bribery and Corruption Policy Template - Free Download

Establishing an anti-bribery and corruption policy is one of the major ways you can prevent it from ...

Download

Grievance Outcome Letter

Your workplace grievance procedure is a legal requirement. It allows your employees to raise legitim...

Download

Office risk assessment template for COVID-19

As lockdown restrictions lift, it’s for your business to have a coronavirus-based office risk assess...

Download

Lone Working Risk Assessment Template and Checklist

Lone workers are employees who perform their duties alone. Common examples include on a night shift ...

Download Show more