Being a parent or carer means that often you need to adapt your working life to meet the changing needs of family life. This might require you to request Flexible Working from your employer. In this sponsored blog, Consilia Legal explain the process and considerations.
Provided an employee meets the relevant criteria, that employee has the right to request flexible working. The relevant criteria is that:
Once the request is made, the employer has a duty to handle the request fairly, reasonably and within a specified timeframe. It is good practice for the employer to set out the timetable with the employee. The general guidance set out by ACAS is that a flexible working request must be dealt with within 3 months from the date of the request unless otherwise agreed by the parties, although any extension to this must be agreed before the end of the initial 3 month period.
Statutory or non-statutory request
Whilst the above information relates to a Statutory request, an employee is able to make a non-statutory request at any time. A non-statutory request can be formal or informal although it is good practice for it to be made in writing and make it clear as to exactly what you are asking for. The process of a non-statutory flexible working request will be determined by the Company’s policy.
Even in circumstances where you may qualify to make a Statutory flexible working request, this is not a bar on you making a non-statutory request instead. It may be that your employer’s flexible working policy within the Company is more attractive than the Statutory provision and so you should give some thought to this when weighing up your options.
Types of flexible working
Although the most obvious form of flexible working that has come to the forefront of people’s minds in the last 2 years is working from home, there are a number of other arrangements you may wish to consider to help improve your working pattern, such as:
Can an employer refuse a request?
Once an employer has considered a request for flexible working in a reasonable manner, they can refuse the request provided they can prove a genuine business reason for doing so. There are 8 grounds on which an employer can rely, namely:
Where a request is refused, your employer should write to you stating the reason(s) for the refusal as well as setting out any provision for appeal. Your employer may offer alternative solutions to help with flexibility but is not required to do so.
Appealing a decision
Employees do not have an automatic right to appeal the decision of a flexible working request. However, many employers will offer the opportunity to do so. If your employer does offer you the opportunity, you should follow the internal process.
If your request is refused after appeal, you could raise a grievance. At this stage, you should seek professional legal advice if you haven’t already done so as well as speaking to your trade union representative if you have one.
Altering a flexible working agreement
If you have been granted a statutory request for flexible working which was subsequently incorporated into the terms of your employment contract, it would be unlawful for your employer to make changes to the arrangement or to withdraw them without your consent, unless of course your employment contract allows your employer to make such changes without your agreement.
If your request was non-statutory, these are often short-term arrangements or begin with a trial period and so your employer may be entitled to alter the terms without agreement. If you are concerned your rights are being affected you should take independent legal advice.
If you need support with any element of Employment Law, Consilia Legal offer Mumblers a free 30 minute consultation- just get in touch with them quoting Mumbler!
