Dealing with requests for flexible working

The Employment Act 2002 gave employees the right to request flexible working.

Employers can turn down specific flexible working requests for legitimate business reasons set out in the legislation. However, a recent CBI survey indicated that over 95 per cent of employers operate one or more types of flexible working.

Flexible working options create a number of advantages that forward-thinking employers can benefit from. These include higher motivation, improved recruitment and retention of staff, lower absence rates, and greater productivity.

Among options for flexible working are part-time working, job sharing, flexitime and working from home.

Implementing a flexible working scheme presents employers with various challenges, especially balancing the needs of customers and employees. Here are five tips for employers thinking about introducing flexible working:

1. Get to grips with your operational needs – ask yourself whether your organisation’s requirements are compatible with flexible working. For example, some businesses must have a core staff present throughout the working day to operate effectively.

2. Stick to the procedure laid down by the statutory right to request legislation, making certain that all deadlines for decisions and responses are met.

3. When you are handling flexible working requests, it’s important to be totally consistent; otherwise you can expose yourself to allegations of discrimination.

4.  Have a go. If there are concerns over the viability of a proposed change in working arrangements, a trial period will soon show whether or not they are justified.

5. Make sure you can show you have given proper consideration to a request. You can do this by asking managers and other employees about the potential effects of the proposed changes. You should also think about alternatives that might address everyone’s needs more satisfactorily.

If you would like to discuss this or any other employment law matter, please contact our Employment team on 01772 258321.