Flexible Working

Strengthen The Process For Refusing A Flexible Working Request

Labour plans to strengthen the process for refusing a request for flexible working. The Bill says the refusal has to be reasonable, from a list of specified grounds for refusal.

Current Flexible Working Regime

Under the current flexible working regime employees have the ‘right to request flexible working‘ from day one of employment. The request must be dealt with in a reasonable manner and within a period of two months. If a request might be refused the employer must have a meeting with the employee before reaching a decision. There are eight statutory reasons the employer can rely on for refusing the request and tribunals have limited scope to question the reasoning for the refusal.

Proposed Changes

A request can only be refused where the refusal is reasonable and based on one of the eight statutory grounds for refusal. The eight statutory grounds for refusal are unchanged; but the reasonableness requirement is new. There is also a new requirement for the employer to explain, in writing, why their refusal is reasonable i.e. justify the reason(s) they are relying on for refusal.

Further details will follow about the consultation process the employer will have to follow if they are considering refusing a request.

Compensation

There are no proposed changes to the maximum penalty that a tribunal can award where an employer has failed to comply with its flexible working obligations. The cap will remain at eight weeks pay; however claims under the flexible working legislation are generally coupled with a discrimination claim which are uncapped.

Top Tips

Existing flexible working policies will need to be reviewed.

Look at what flexible working requests have been received in recent years and pick out all those that were refused, withdrawn or alternative arrangements were agreed. This will give you an indication of any requests that could be resubmitted when the legislation changes.

Moving forward, the content of rejection letters will be open to scrutiny by the employee which could result in more appeals against rejected requests.

Employee Handbook Compliance Package

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