Peterborough office
48 Broadway, Peterborough Cambridgeshire, PE1 1YW
01733 346 333 01733 562 338 enquiries@hegarty.co.ukStamford office
10 Ironmonger Street, Stamford Lincolnshire, PE9 1PL
01780 752 066 01780 762 774 enquiries@hegarty.co.ukOakham office
66 South Street, Oakham Rutland, LE15 6BQ
01572 757 565 01572 720 555 enquiries@hegarty.co.ukMarket Deeping office
27a Market Place, Market Deeping, PE6 8EA
01778 230 120 01778 230 129 enquiries@hegarty.co.uk15 Jul 2020
Since 2014 all employees who have more than 26 weeks' service with their employer have the right to request flexible working if they are legally classed as an employee and they have not made another flexible working request in the past 12 months. However, as workers have adjusted to new ways of working during the coronavirus pandemic, such as working from home or working different hours, this may prompt many to think about making a flexible working request as we exit lockdown. It is therefore important for employers to understand their obligations in respect of flexible working requests.
Eligible employees might make a ‘flexible working request’ for several different reasons, such as:
The change requested does not have to be permanent and could be for a limited time, for example 6 months or only during term-time. Employees can also ask for changes to apply to all working days or just specific days or shifts only. Employers have a duty to deal with such requests in a reasonable manner and must decide within a maximum of 3 months. When making a decision on a flexible working request, employers should follow the Acas Code of Practice on flexible working requests.
If a flexible working request case reaches an employment tribunal, judges will take into consideration whether the employer has followed the Acas Code. It is therefore important for employers to consider requests properly, following available guidance and seek employment law advice if needed.
In addition to following the Acas Code it is also a good idea for an employer to have their own policy for flexible working requests. Having your own policy can help you make the process suit your workplace, ensure you treat all requests in the same way and make it easy for employees to find out how to make a request.
Employers can only turn down a flexible working request if there’s a valid business reason. These reasons are:
Our employment law team can offer help and advice to ensure you follow correct practices and procedures on a range of employment law issues.