Flexible Working Arrangements
When employees request flexible working, an employer should consider and investigate whether flexible working is practical. Employers should invite the employee to attend a meeting to discuss their application and agree to the flexible working request where practical to do so. (Following the company's flexible working policy is very important.)
An employer can decline a flexible working request. However the decision reached needs to be a legally recognised reason for refusal and an employee must be made fully aware of why the request has been declined and also their legal right to appeal the decline decision.
Where some (but not all) elements can be accommodated, an employer can propose alternative working arrangements by presenting an employee with a flexible working counter-offer.
Appeals against a flexible working decision, follow a similar pattern to flexible working request, in that an employee raises an appeal against a flexible working decision, following which the employer needs to invite the employee to attend a flexible working appeal meeting, the employer then needs to consider the employee's appeal reasons and notify the employee of their appeal outcome decision (e.g. appeal agreement, appeal decline or appeal counter-offer arrangements).
Our flexible working documents are aimed at helping employers consider, manage and respond to flexible working requests and appeals as quickly and easily as possible.
Employee Rights and Employer Responsibilities
Certain employees have a legal right to request flexible working hours and arrangements. However, this legal right is not an automatic entitlement to flexible working hours or flexible working arrangements.
In order to exercise a legal right to request flexible working arrangements employees need to satisfy certain eligibility conditions. For example, employees must have a minimum period of continuous employment and be a working parent or the carer of an adult (restrictions apply).
When handling flexible working requests (and appeals) employers need to ensure they:
- Treat all employees fairly.
- Put everything in writing (i.e. meeting invitations, decisions, outcomes, appeals and changes to terms and conditions of employment).
- Protect themself against potential claims of unfair treatment.
- Consider requests and appeals within prescribed timeframes.
- Do not discriminate against employees.
- Adhere to current employment legislation.
- Provide employees with the right to appeal.
When might an employee request flexible working?
Situations which might give rise to an employee requesting more flexible working hours and arrangements include an employee returning to work after a period of maternity leave, changes to parental or carer responsibilities, children starting school or looking after an elderly parent.
Examples of flexible working hours and arrangements might include part-time working, home-working, compressed hours, early start or late finish, working school term time only, job shares or changing to an alternative role, department or location.
Whether an employer accepts, declines or offers an alternative to a flexible working request is dependent upon each individual situation and the requirements of an employee, their role and the employer.
Employers needs to handle requests and appeals in a very specific manner (in order to avoid potential claims, to comply with their legal responsibilities and for good employer/employee working relations).
1. Record Employee Requests and Appeals
In order for an employer to fully consider a flexible working request (or appeal) they need to know all the facts.
Employees need to provide their employer with sufficient information about why they are requesting flexible working, what flexible working arrangements they are requesting (or appealing) and any background information about their personal circumstances. Only once sufficient information is available and all the facts are established, can an employer make a decision about a request or appeal.
An ideal way to ensure employees provide adequate information (and that all employees are asked the same questions in order to avoid claims of unfair treatment) is to ask employees to complete a flexible working application form or flexible working appeal form (thus enabling an employer to reach a decision and comply with legislative and regulative requirements).
2. Meet with Employees to dicusss their Request (or Appeal)
In order for an employer to fully consider a request or appeal, explore all the facts and respond to an employee they must formally meet with and discuss a flexible working request or appeal with an employee.
By using our flexible working meeting invitation letter and appeal meeting invitation letter an employer can ensure they comply with their legal responsibilities. These letters request an employee attend a meeting to discuss their application (or appeal), outline meeting arrangements, attendees and procedings, and confirm employee legal rights.
3. Communicate your Decision, Outcome and Next Action
Employers need to ensure they fully communicate flexible working and flexible working appeal decisions reached, including why a decision has been taken, whether a request (or appeal) has been declined and what recourse is available to an employee should they not agree with the outcome.
We have a number of letters available to help an employer communicate in writting different types of decisions reached. These include agreeing to a request (whereby new working arrangements and any impact on pay, benefits and employment contract need to be confirmed), declining a request (being a legally acceptable reason) or offering an alternative by way of a counter-offer to the flexible working request.
Employees have a legal right to appeal a flexible working decision, should they so wish. And an employer needs to hear the appeal and respond to the employee.
Appeal decisions are final and can include, agreeing to an employee's appeal and offering them new working arrangements, declining an appeal whereby existing working arrangement remain or agreeing in part to an employee's appeal and offering counter working arrangements.
More Information
If you have any questions or need assistance, please contact us.