The new academic year is almost upon us and at this time we often see an influx of requests for changes to working arrangements to accommodate working parents who may be thinking about childcare and students whose timetable may have changed.
These flexible working requests are when an employee asks to change their working arrangements. This could range from working hours, days of the week, term time working only or perhaps working from home. The options are broad, and employers could see some unusual requests as there is a wide range of flexible working options. The employee does not have to provide a reason for their request. It could be for anything at all.
The legislation surrounding flexible working changed in April 2024 and all employees now have a legal right to request flexible working, regardless of their length of service. So, an employee could make such request on their first date of employment.
Sometimes, an employee may make a verbal request for a change and an employer may readily agree. However, whether you intend to agree to the request or not, Advo would recommend that the legal process is always followed. If you receive a flexible working request, it is important that it is dealt with fairly and consistently. This sets the stance within a business and negates any claim of unfairness, should other employees make subsequent requests.
Additionally, if there is an informal agreement agreement that goes on for some time, and the arrangement no longer suits the needs of the business, and it could be argued that this informal agreement is now contractual! This can therefore be very difficult to retract.
Employees should submit their request in writing. However, they no longer have to submit how their request may affect the business operation. Advo are able to supply the relevant documentation to businesses.
Upon receipt of the request, employers only have two months, including any appeal, to consider the request and let the employee know whether their request is agreed or not. This is a very short timeline, and we would recommend that any request is dealt with as soon as possible.
Employers should initially have a meeting with the employee to discuss the request and open negotiation, It may be that you can accommodate some, if not all of the request, and a compromised arrangement may be made.
Employers have to provide business reasons, which are governed by law, which must be tangibly quantified, together with a full explanation to an employee, if any request is rejected. Alongside the potential risk of litigation, please also consider other implications of reject an application, such as losing a potential employee through resignation, increased sickness absence and a decrease of performance. There may also be a broader business impact, such as the wider workforce viewing the business as being awkward and unsupportive!
Any formal change which has been agreed to an employees’ working arrangement should be formalised and amended in the employees’ contract of employment.
Please be aware that an employee can now make two applications for flexible working in a 12 month period, so if a request is refused, the employee may submit a second request. Additionally, as external commitments changes, e.g. student timetables etc., additional requests may be made.
We would point out that there are implications of not following the statutory procedure with regards to flexible working requests and if an employee is subject to any detriment by submitting a flexible working request, this could result in a claim being brought at the Employment Tribunal. Flexible working request are also more commonly made by female employees and they may also claim sex discrimination if a request is not accepted. Please be aware that, in relation to flexible working and any allegation of discrimination, a claim to the Employment Tribunal can be made whilst the employee is still working for you!
Should you receive such a request or require any help at all, please don’t hesitate to contact the HR team at Advo or talk to your dedicated HR consultant.