Flexible Working
From April 6th 2009 employees with children up to the age of 16 (18 if the child is disabled) have the right to request the right to work flexibly. Please note the word request.
The employer has to respond within 28 days of receiving the request to arrange a meeting to discuss the request and to respond within 14 days of the meeting either to accept the employees’ request or to reject for the following reasons
- Burden of additional cost
- Detrimental impact on quality
- Detrimental impact on performance
- Inability to recruit additional staff
- Detrimental effect to meet customer demand
- Planned structural changes
- Insuffiency of work during the periods when the employee proposes to work
- Inability to reorganise work among existing staff
The grounds for rejection should be as detailed as possible and refer to the reasons outlined above. The rejection if the request is rejected should be given to the employee in a written form. The employee can appeal the decision in which case the appeal must be heard within 14 days of the employer receiving the appeal request. The employer must again if continuing to reject the request detail the reasons for the rejection.
If the request is still refused the employee can still
- Hold further informal discussions with the employer to try to reach agreement
- Raise a grievance
- Ask ACAS to help through their conciliation process
- Make a complaint to an Employment Tribunal
Do not feel all requests must be accepted. Positions need to be carefully considered on a case by case basis. Before rejecting a request you could consider a trial that way the employer could be absolved of dismissing the proposal out of hand and thereby of discrimination or breaching the regulations. It helps to have a harmonious relationship with your workforce but the business needs must be prioritised . The employer must also remember that all request must be dealt with fairly and equitably otherwise they could face discrimination if say A won the right to work flexibly whereas B who has a similar position failed.
SM Services
02085020846
February 2009