Employees do not have an absolute right to work flexibly. However, under the Flexible Working Regulations 2014, employers have a duty to handle requests to work flexibly in a reasonable manner if:
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an employee makes a request for flexible working
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that employee has at least 26 weeks' service, and
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that employee had not made any other flexible working request in the last 12 months
Employers can allow employees without a legal right to make requests for flexible working to make a request.
An employer can refuse a request for flexible working but this must meet one of the eight allowed statutory reasons for refusal. These are:
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detrimental effect on ability to meet customer demands
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inability to reorganise work among existing staff
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inability to recruit additional staff
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detrimental impact on quality of work
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detrimental impact on the performance of work
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insufficiency of work during the periods the employee proposes to work
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planned structural changes within the business
Special considerations for rejecting a flexible working request
If a woman requests flexible working for childcare reasons, refusing the request may, in some circumstances, amount to sex discrimination. Where a flexible working request is made by a woman for childcare reasons, or in other cases where refusal might constitute indirect discrimination, then, in addition to fitting into one of the eight reasons, the refusal must be justified. Broadly speaking, the refusal will be justified if it is for a good reason and your decision has balanced your reason against the downside of refusal to the employee.
Where a flexible working request is made by an employee to accommodate health problems, you must take particular care to avoid disability discrimination. Especially since flexible working may constitute a reasonable adjustment. Ask a Lawyer to discuss this tricky area.
All flexible working requests are likely to contain sensitive personal data (eg information about health). These must be processed (eg handled) in accordance with your Data protection policy and Employee privacy notice; a statement that describes how you collect, use, retain and disclose personal information.
Other considerations for handling flexible working requests
If you cannot grant the request as originally specified, consider offering a compromise that you can accommodate. This helps show you are being reasonable.
A trial period can be useful but may also make it hard to say no to a permanent change later.
Employees must not be dismissed or subjected to a detriment (eg a demotion) for requesting flexible working. If an employee is dismissed in connection with a request for flexible working this will be considered an automatic unfair dismissal.