Whilst ‘flexible working’ may seem like a buzzword that stemmed from the Covid-19 pandemic, it is in fact a very real and very important concept for you and your employer alike.
Flexible working is the ability to amend your contract to change your hours, working days, working pattern, and/or place of work. It is becoming more prevalent in the workplace, so it is key that both you and your employer know your rights.
Key Takeaways
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Flexible working is a day-one right: Employees can make up to two flexible working requests per year without needing to justify the impact on their employer.
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Employers must act reasonably: Requests must be handled fairly, with consultation and a decision within two months, and can only be refused for specific legal reasons.
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Legal support may be available if refused: If a request is unreasonably denied, legal advice provided at Howell Jones can help assess whether a challenge or tribunal claim is appropriate.
What is the Current Position?
Flexible working is currently governed by the Employment Rights Act 1996 and the Flexible Working Regulations 2014.
The current laws have been in effect since 6th April 2024. The main rights are as follows:
- Day one right, meaning that requests can be made on your first day of employment.
- Two requests in a twelve-month period.
- You are no longer required to explain the potential effects that your request will have on the employer, nor how these might be addressed.
Are There Any Changes Coming?
The Employment Rights Bill is due to overhaul many areas of employment law over the next couple of years, including in relation to flexible working, though the details and timing are not yet confirmed.
Employers will continue to only be permitted to reject a flexible working request on the grounds set below; however, the change will be that your employer’s reliance on this ground must be reasonable, and the employer must provide written reasons for refusal.
What Steps Do I Take to Make a Request?
The first place you should look is in your employee handbook, which will hopefully contain a Flexible Working Policy. This should set out who the request should be sent to and the process generally, once the request has been made.
ACAS also provides some clear guidance in their Code of Practice on flexible working.
Once the request is submitted in writing, your employer must deal with it in a reasonable manner, which includes consulting with you before they decide how to proceed and notifying you of the outcome within the period set out in their policy or within the relevant statute.
It is key to note that whilst some employers will endeavour to respond sooner, employers have a maximum of two months to deal with a flexible working request. It is therefore important to consider this timeframe when you are assessing the best time for you to make a request.
Can My Employer Say No?
Yes, but requests must be dealt with reasonably. There are eight permitted reasons that your employer can use, and they are as follows:
- The burden of additional costs;
- Detrimental effect on the ability to meet customer demand;
- Inability to reorganise work among existing staff;
- Inability to recruit additional staff;
- Detrimental impact on quality;
- Detrimental impact on performance;
- Insufficiency of work during the periods the employee proposes to work;
- Planned structural changes.
Plus any other grounds specified by the Secretary of State in Regulations.
What Should I Do if My Request Is Denied?
Whilst there is no legal right to appeal a decision, the ACAS Code of Practice encourage employers to have a procedure in place so that discussions can be held and matters can hopefully be resolved before any need for an Employment Tribunal to take place.
You should therefore revert to the Flexible Working Policy, which should set out how your employer works. If there is no right to appeal, then this may be considered as any claim gains traction.
How Can a Solicitor Help?
Our Surrey solicitors at Howell Jones can advise on all aspects of employment law at any stage. If you make a flexible working request and this is unreasonably denied, then it may be time to instruct one of our dedicated team members to go through the next steps with you.
They can discuss whether they think the refusal was unreasonable, the appeal process and if an application to the Employment Tribunal would have any merit.
People are moving away from the desire to work traditional 9-to-5s in the office, and it is your right to request some flexibility in this. If you experience any hardship, unfair refusal or change in attitude following on from this, then please do not hesitate to get in touch with our employment solicitors in Surrey today.
