Flexible Working
Granting a change in working patterns can boost morale and retention, but it is not always operationally possible. The law requires you to take these requests seriously and follow a strict timeline, but it also empowers you to say ‘no’ provided your business reasons are valid and clearly evidenced
Flexible Working
The Right to Request
Modern employment is shifting away from the rigid 9 to 5. While eligible employees have the statutory right to request changes to their hours or location, this does not grant an automatic right to have those changes approved.
The challenge for employers is balancing a supportive culture with the operational realities of the business.
Timelines & Procedure
How the Process Works
Strict deadlines apply once a request is received. The rejection if necessary must be provided in writing.
28 Days
The employer must respond within 28 days of receiving the request to arrange a meeting to discuss it.
14 Days
A decision must be made within 14 days of the meeting to either accept the request or reject it based on statutory reasons.
Prevention Strategy
Valid Reasons for Rejection
You cannot simply say “no.” A request can only be rejected for one of these specific business reasons:
1.
Burden of additional cost
2.
Detrimental impact on quality
3.
Detrimental impact on performance
4.
Inability to recruit additional staff
5.
Detrimental effect to meet customer demand
6.
Planned structural changes
7.
Insufficiency of work during proposed periods
8.
Inability to reorganise work among existing staff
Resolution
Appeals & Strategy
If the employee appeals, the hearing must be held within 14 days. If the rejection stands, you must provide written reasons. Further informal discussions are often the best route to a compromise.
If Agreement Cannot Be Reached:
- Raise a formal grievance
- Ask ACAS to help (Conciliation)
- Make a complaint to an Employment Tribunal
Strategic Tip: Before rejecting a request out of hand, consider a Trial Period. This protects you from discrimination claims and shows reasonableness.
Ensure fairness across the board—if Person A wins a request and Person B (in a similar role) is rejected without clear justification, you face a high risk of discrimination claims.
Employer Support
Need to Refuse a Request?
Employers shouldn’t feel all requests must be accepted, but positions need to be carefully considered on a case-by-case basis. If you are unsure if your reason for rejection is “statutory compliant,” let’s talk.
Facing a Tribunal? Don't be scared.
If you cannot reach an agreement, engage competent representation. Go in there with your representative and be positive.
Recommended Further Information
For businesses across Finchley, London, and the Home Counties, managing flexible working requests correctly is essential to avoid formal grievances.