If a person has been working for an employer for more than 26 weeks and they have  either children aged six or under or disabled children under 18, they have the  right to request flexible working.  

 

The employer  can reject the request on clear business grounds but they must be able to demonstrate they have considered the request seriously. The correct course of action is as follows:

• The employee must put their request in writing.

• The employer should then arrange a meeting to discuss the request within 28 days of receiving the request in writing.  A written record of that meeting should be prepared, preferably agreed by both parties.

• The employer should respond to the request within a week.  There is a requirement to confirm the response in writing within 14 days.

• If the request is refused the employer must give a full explanation in writing in the response letter.  The reason for refusal must give a clear explanation of why flexible working would interfere with the needs of the business. 

• The employee has a right to be accompanied at the initial meeting and right to appeal.  Ultimately the employee can take the case to an Employment Tribunal for consideration.

• By far the best approach for employers to take in these cases  is to be as flexible as possible.  If the initial request is not feasible then seek to agree a sensible compromise.  Appeals and tribunals take up a huge amount of time and do no-one any good apart from lawyers.

There have been a number of high profile cases on the issue of flexible working.  Employers need to be particularly careful they have considered the flexible working question on the basis of the circumstance of the individual.  It is not sufficient for employers to reject flexible working for general policy or subjective issues. 

 

If flexible working is rejected there must be clear objective reasons for that rejection that can be demonstrated to an employment tribunal.  This also means there must be clearly documented evidence to show the matter has been seriously considered and the final reasons for rejection.  For example has the employer considered whether the organisation could cope with flexible working and have the views of other employees been taken into acccount?