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10 things an employer should know about flexible working applications

Working from home as a result of flexible working rights, technology and social change is increasingly becoming popular as a cost-effective and attractive option both for both businesses and individuals. Though businesses need to make sure that they have followed the right processes to properly support homeworking.

Here are 10 things an employer needs to consider:

  1. If an employee makes a flexible working request, this triggers a formal process and cannot be ignored or simply responded to verbally with a ‘no’.
  2. To make a flexible working request, you must be employed, have a minimum of 26 weeks’ service and not have made a flexible working request during the last 12 months (even if withdrawn).
  3. Employees can make a flexible working request to request a change to their working hours, their days of work or their place of work.
  4. If an employee is returning from maternity leave, they are entitled to return of their existing terms and conditions. They do not need to make a flexible working request unless they wish to make a change to their working conditions.
  5. If you wish to refuse a flexible working request, you must be able to justify the reason for refusal on one of the eight grounds prescribed by statute.
  6. One of the requirements for a valid flexible application is that the employee must identify the difficulties that the new working pattern may present for the business and suggest solutions to these problems.
  7. The Company has three months within which to respond to a flexible working application.
  8. It may be beneficial to agree a trial period on the new working pattern and reserve the right to revert to the original working pattern in the event that the change has a detrimental effect on the business.
  9. It is inappropriate for the Company or any individuals in the organisation to make negative remarks about the flexible application or new working pattern as this could be a form of discrimination.
  10. If you refuse a flexible working request and fail to identify one of the prescribed grounds of refusal or else the refusal is not genuine, an employment tribunal can order you to reconsider your decision or pay compensation to the employee up to a maximum of £3,832.

For advice or assistance on any employment law related matter, please contact Lianne Payne, Head of Employment at Askews Legal LLP (Email: Lianne@askewslegal.co). Click Here to enquire or call us on 02476 231000. Confidential Quick service assured.

 

Askews Legal LLP -Coventry Solicitors.