The Office of National Statistics has reported that 78% of people with dependent children are in employment and one in seven workers also has responsibility for caring for a family member. So your employees are likely to be juggling home-life commitments.
Workers who have been in a job for more than 26 weeks are allowed to ask their employer to let them work flexibly. Only one request can be made in any 12-month period.
It is wise to have a clear policy on how these will be handled, and you should ensure all your employees know how to apply and the steps they must follow. By law, employee requests must be made in writing, and include the date, the proposed changes, potential impact on the business and how these might be dealt with, and details of previous requests.
When you receive a request, it is best to discuss it with the employee as soon as possible. The law requires flexible working requests to be dealt with in a timely manner, usually within three months of the initial request, including an appeal.
If you are happy to accept the request, a discussion may not be needed. However, you may want to ensure the changes proposed are the best solution for you and the employee. You can also discuss the proposed changes and how they can be accommodated. This should be done at a convenient time and location for both parties. It is also good practice to allow the employee to be accompanied by a union representative or work colleague.
You should consider the request carefully but an employer is under no obligation to agree to flexible working, if it cannot be accommodated, on these grounds:
- The burdens of any additional costs are unacceptable to the organisation.
- The employer is unable to reorganise the workload among existing staff.
- There would be a detrimental impact on quality.
- There would be a detrimental effect on the business’s ability to meet customer demand.
- There would be a detrimental impact on individual or company performance.
- There is insufficient work during the periods the employee proposes to work.
- The employer has planned changes to the business – such as restructuring – and the request does not fit into these.
Having considered the request, you must let the employee know your decision – ideally in writing, and with any changes that will be made to their terms and conditions. You should also include details of how the employee can appeal the decision.
Jo Bostock is a business adviser at the Forum of Private Business
