10 Tips For Dealing With Flexible Working Requests

We all know employees have had the right to request flexible working for some time and these requests, known as flexible working requests, are governed by the Flexible Working Regulations 2014 with amendments set out in the Employment Rights Act 1996.

Those rules permit employees with the requisite eligibility requirements to make a flexible working request, i.e. a change to the hours the individual works, where they conduct their work etc.

Here’re Senior Chartered Legal Executive, ALEX MILWARD's tips:

1. Your organisation has 3 months to deal with the flexible working request once it is lodged. You can get an extension but this is only through agreement with the individual making the request. It goes without saying but make sure this is in writing!
   
   
2. Flexible working requests are a hotbed for indirect discrimination claims. However, they are not alone and the individual may consider other claims such as automatic unfair dismissal (if dismissed because they made the request) or constructive unfair dismissal. Therefore, by ensuring that your thorough and full process is undertaken by trained members of your team and in accordance with your policy and the requisite timescales, you will, hopefully, be able to defend any such claim!
   
   
3. Utilise trial periods - this goes a long way to demonstrating that your organisation is dealing with the flexible working request reasonably. But don’t forget about that pesky time limit!
   
   
4. Ensure that the individual understands the changes that will occur when accepting a flexible working request, which may have wider consequences than they envisage. For example, their holiday entitlement or pay may be reduced. Additionally, make sure that the changes are agreed, in writing, with the individual and recorded somewhere safe.
   
   
5. Use only the prescribed legal reasons to refuse a request - these are business reasons that you can substantiate with evidence through your thorough and fair investigations.
   
   
6. Do not be too hasty to treat flexible working requests as withdrawn. Speak with the individual first before jumping to conclusions about their intentions.
   
   
7. Provide managers with training to help them know how to identify and deal with a flexible working request.
   
   
8. Ensure that you have evidence to show any flexible working request is dealt with reasonably and in a fair and reasonable manner. This is a broad topic but covers the entirety of your process (which will be wrapped up in your amazing policy).
   
   
9. Record your investigations with notes examples and evidence to determine whether the flexible working request can be accepted or not.
   
   
10. Ensure you have a policy in place. It’s just obvious, isn’t it? A good policy can help ensure your managers know:
    
    1. How to handle a flexible working request correctly, the basics; and
    2. How / if you are differentiating between a statutory flexible working request or an informal request.