Flexible Working

You can refuse if the request would:

• Increase costs to your organisation
• Affect your ability to meet customer demands
• Reduce performance
• Reduce quality
• Cause problems with staffing
• Interfere with your recruitment processes
• Leave you without enough work for the proposed hours
• Conflict with planned business changes

We guide you through every step, from responding to individual requests to designing a pioneering policy for your organisation. If you are concerned about a complicated case, we’ll show you how to deal with it lawfully, avoid tribunal claims, and safeguard your organisation.

There is a legal process you should follow if your employees request flexible working. ACAS (the Advisory, Conciliation and Arbitration Service) has published a Code of Practice that you can help you manage the process. Dealing with flexible working requests generally involves the following steps:

1. An eligible employee submitting a request in writing
2. Meeting with your employee to discuss their request if you need to
3. Approving, rejecting or suggesting a different arrangement to their request within three months of the request being made
4. Starting the flexible arrangement on a trial period to see how it goes
5. Offering an appeal if the employee is unhappy with the outcome of their request.

If you accept the request without a trial period, the employee’s contract will change permanently and they can’t change it back unless you agree. One way an employee could change their contract would be put in another flexible working request, if you approve it. If you reject the request, you’ll need to give a reason why and your employee can appeal the decision. You are legally required to allow employees one flexible working request per year, but you can allow more requests if you want.

Our solicitors have detailed knowledge of the legal requirements surrounding flexible working requests. We spend time getting to know your business to make sure your process works for you and your employees.