The ability to work flexibly is seen as very important for employees to help them achieve a work/life balance – but it can be operationally challenging for an employer to manage. Flexible working is a way of working that suits an employee's needs, for example having flexible start and finish times, or working from home.
On 6th April 2024, new employment laws came into force for all businesses, which included changes to flexible working rights. Under new laws the Right to Request Flexible Working applies from the first day of employment. In addition, employees can now make up to two requests in any 12-month period (up from the previous single request) and requires employers to respond to requests within two months instead of three. An explanation and consultation now have to be provided upon rejection of a request.
All employees have the legal right to request flexible working. Employees can request a change to:
- the number of hours they work
- when they start or finish work
- the days they work
- where they work.
This is known as 'making a statutory application'. The application must include:
- the date of the request
- a statement that it is a statutory request for flexible working
- details of how the employee wants to work flexibly and when they want to start
- a statement saying if and when they have made a previous application - including the date of the previous request.
Employees should tell their employer in writing if they want to withdraw their application. The employer can treat an application as withdrawn if the employee misses two meetings to discuss an application or appeal without good reason, for example sickness. The employer must tell the employee they are treating the request as withdrawn.
Employers must deal with requests in a 'reasonable manner'. Examples of handling requests in a reasonable manner include:
- assessing the advantages and disadvantages of the application
- discussing possible alternatives to the request
- offering an appeal process.
If an employer does not handle a request in a reasonable manner, the employee can take them to an employment tribunal. An employer can refuse an application if they have a good business reason for doing so. This is an area where employers can early make mistakes – so they should consider taking specialist advice to review their policies and procedures.
To discuss this or any other employment matter, contact us.