Flexible working: dealing with a request

In May 2008 the Government accepted the recommendation of its independent review that the right to request flexible working should be extended to parents of children up to the age of 16.

The legislation lays out a formal procedure for applying for flexible working. If an employee is unhappy about the way their company has dealt with their case, they can take their case to an employment tribunal.

Checklist for employers

• Employers should try to treat each request objectively and treat all requests in the same way, whether from men or women.
  
• The law stipulates that they must set up a meeting to discuss the employee’s request for flexible working within 28 days, and reply to the request within 14 days of that meeting.
  
• If a request is turned down, the employer must reply in writing, giving a clear business case for the decision.
• Employers are encouraged to set out a clear flexible working policy to avoid confusion and ensure consistency in the way they handle requests.
  
• They should show that they are open to looking at flexible work requests in all jobs, no matter how senior.
• It is a good idea to think more laterally about encouraging flexible working across the board, to avoid resentment by colleagues and to show a consistent approach to employees.
  
• Human resources staff should ensure the flexible working policy is clearly publicised, and that all managers are aware of how it works.
  
• It is advisable to monitor requests for flexible working and to track how they are working in practice.

Once a worker has been formally granted flexible working, this becomes a permanent change to their contract. If the employer later wants to change it, they must have formal discussions with the employee. If they do not, the employer can be found in breach of contract.

Grounds for refusal

Employers can refuse a request for flexible working if they can demonstrate:

• an inability to rearrange work among existing staff
• that it will incur a financial burden on their company
• that it will have a detrimental effect on their ability to meet customer demand
• they will be unable to recruit additional staff
• that the request will have a serious impact on the employee’s performance or quality of work.

Women have successfully brought cases claiming discrimination if they are not allowed flexible working on the grounds that, as they are often the primary carer of children, a refusal to grant flexible working is more likely to affect them. Men can also bring a case if a mother in their company has been granted flexible working and they have been refused.

Current state of play

So far, around 90 per cent of requests for flexible working have been granted, either fully or partially. Reports suggest the number of mothers who work flexible hours has more than doubled since 2003, and the number who have changed employers after returning to work has halved.