Guide to handling a flexible working request

Guide to handling a flexible working request

Introduction

Managing flexible working applications is crucial for fostering a supportive and productive work environment.

This guide outlines the process for handling flexible working applications in accordance with UK employment legislation and best practice processes. It includes sections on managing both temporary and permanent changes.

1. Understanding Flexible Working Applications

Flexible working can include changes to working hours, patterns, or locations.

Employees in the UK have the legal right to request flexible working from day one of employment, provided they have not made more than one flexible working request in the last 12 months. In Northern Ireland, employees must have 26 weeks of continuous service before making a request and can only make one request per year.

2. The Application Process

Step 1: Submission of Request

• Employees must submit a formal written request.

• The request should include the desired change and the proposed start date.

Step 2: Acknowledgment

• Acknowledge receipt of the request in writing within 7 days.

• Outline the process and timeline for consideration.

Step 3: Meeting

• Unless you agree to the employee's written request in full, you must consult the employee before you make a decision.

• Allow the employee to be accompanied by a colleague or union representative if they wish.

Step 4: Consideration

• Assess the request based on business needs, potential benefits, and potential challenges.

• Consider the impact on workload, team dynamics, and overall operational effectiveness.

Step 5: Decision

• Communicate the decision in writing as soon as practicably possible after the meeting.

• If approved, outline the details and start date.

• If declined, provide a clear explanation and inform the employee of their right to appeal.

Step 6: Appeal

• Allowing employees to appeal a decision is good practice, although not statutory.

• An appeal meeting should be held within a reasonable timescale of receiving the appeal.

• Communicate the final decision as soon as practicably possible after the appeal meeting.

Note: The entire process, including any appeals, must be completed within two months of the request, unless a longer period is agreed upon with the employee.

3. Handling a Temporary Change

Temporary Flexible Working Requests:

Temporary changes might be requested for various reasons, such as short-term personal needs or specific projects.

Process:

1. Review the Request: Understand the duration and nature of the temporary change.

2. Impact Assessment: Evaluate the short-term impact on the team and operations.

3. Implementation Plan: Develop a clear plan outlining the temporary adjustments and how they will be managed.

4. Review Period: Set a review date to assess the effectiveness and any necessary adjustments.

5. Communication: Clearly communicate the temporary nature of the change to all relevant parties.

Example:

An employee requests to work from home for two months due to temporary medical reasons. The employer agrees, outlines the work-from-home guidelines, and sets a review date for two months later.

4. Handling a Permanent Change

Permanent Flexible Working Requests:

Permanent changes often involve significant adjustments and require thorough consideration.

Process:

1. Review the Request: Understand the long-term implications of the permanent change.

2. Impact Assessment: Conduct a comprehensive impact assessment, including a review of job responsibilities, team dynamics, and operational needs.

3. Trial Period: Consider implementing a trial period to assess the feasibility of the change.

4. Formal Agreement: If approved, update the employee's contract to reflect the new working arrangement.

5. Ongoing Monitoring: Regularly review the arrangement to ensure it continues to meet both the employee’s and the business’s needs.

Note: Employees are not required to include an impact assessment in their request.

Example:

An employee requests a permanent shift to part-time hours. The employer conducts an impact assessment, agrees to a three-month trial period, and then updates the employment contract upon successful completion of the trial.

5. Legal Considerations

Compliance with Legislation:

• Ensure all decisions align with the Equality Act 2010 to avoid discrimination.

• Maintain records of all requests, meetings, decisions, and appeals for at least 12 months.

• Provide training for managers on handling flexible working requests.

Permitted Reasons for Refusal: An employer can refuse a request for one or more of the following business reasons:

• Burden of additional costs.

• Detrimental effect on ability to meet customer demand.

• Inability to reorganise work among existing staff.

• Inability to recruit additional staff.

• Detrimental impact on quality.

• Detrimental impact on performance.

• Insufficiency of work during the periods proposed to work.

• Planned structural changes.

Conclusion

Effective management of flexible working applications promotes a balanced and motivated workforce. By following this guide, you can ensure compliance with UK employment legislation and support your employees in achieving a healthy work-life balance.