LEGAL MATTERS


BUSINESSES MUST EXPECT MORE FLEXIBLE WORKING REQUESTS


Despite current concerns surrounding the lifting of restrictions and whether the Government’s road map will be finalised, as planned, now on 19 July 2021, working life is steadily returning to normal. With organisations considering a safe return to the workplace, they will also need to bear in mind the future of their business and how they will manage getting back to full productivity. By Tina Chander, Head of Employment Law at Wright Hassall.


flexible approach to their work, having become accustomed over the last year or so to no commute, lower costs and a better work/life balance.


O


Whilst it is unlikely to be feasible for employers to agree to every such flexible working request, businesses must consider each request on its own merits, taking the time to understand the individual employee’s


ne difficulty already causing headaches for employers is the desire of many employees to continue a more


the easier the process will be in determining the practicality of the request.


As noted above, an employee can only make one formal flexible working request in any 12-month period, and so employers should check their records to ensure no such request has been made within this timeframe.


situation


and perspective on matters. The first consideration for an employer is whether the employee is eligible to make a formal flexible working request. Where the request is made by an employee, who has at least 26 weeks of continuous employment and has not made a formal flexible working request during the last 12 months, the employee will be entitled to make a request.


What to expect and important considerations Firstly, it is important to note that any request for flexible working must be made


in writing so


there is a written record of this, email being just as acceptable as a written letter. Whilst many employees may look to discuss the matter more informally with their Line Manager in the first instance, which is of course understandable and perfectly acceptable, they should be reminded of the need to place their request in writing too. The flexible working request should, for clarity, state that it is a flexible working request and that the employee meets the eligibility criteria, explain the reasons for the request and provide any other information in relation to the desired working pattern that the employee believes would be relevant and helpful in aiding the employer making their decision; the more information given,


18 DIY WEEK JUNE 2021


Flexible working requests can be wide ranging, but will usually cite one or more of the following as the reason for the request: • Change their work location, e.g. work from home for some or all of their contracted hours • A reduction or variation of the days the employee works, e.g. compress their contracted weekly working hours into fewer days; or • A reduction or variation


of


working hours, e.g. potentially reducing a current full-time role to a part-time one or flexible start and finish times for their working day; Having received a request, the employer must deliver an answer within


• Additional costs associated with change will impact the business; • The changes will make it more difficult to meet expected customer demand; • The inability to redistribute work among colleagues; • The inability to hire new staff to fill gaps left; • Service quality will be negatively impacted by changes; • Performance of the business will be reduced by any change; • Lower demand at the times the employee wants to work; and • The business is already planning changes to the workforce. Again, this decision should be


communicated in writing, with an explanation as to the reason(s) for refusal of the request and the option for the employee to appeal the decision. When assessing


requests for


three months, allowing time for the individual to submit an appeal if the decision goes against them. This time can be extended by mutual agreement, when considerations are more complicated. There may be occasions where the request can be approved easily and without the need for further discussion. However, this is highly dependent on the request made and the usual course of practice is likely to be to arrange a meeting with the employee to discuss request further.


their


Reasons to refuse a request There will inevitably be circumstances where employers cannot accommodate a flexible working request; an outcome which may become more necessary if numerous requests are being received. However, employers must remember that they can only refuse a flexible working request for one or more of the reasons detailed in the legislation:


flexible working, employers must also be mindful of whether any of the employees are protected under the Equality Act 2010 before deciding whether to accept or refuse their requests. Refusing a request from em ploy ees afforded such protection could result in


claims of


discrimination, which can be very costly for employers.


Tina Chander, Partner & Head of Employment Law at Wright Hassall


Working through lockdown might be a problem In


the


post-lockdown working world, many employees will be keen for their employers to adopt a long- term culture of flexible working, which they will inevitably argue has now been proved to be effective with minimal impact on business productivity. However,


whilst trying to


accommodate genuine requests, dividing a workforce in more ways than one, can be a problem. Those returning to the workplace may end up with all the printing, posting and filing tasks, to say nothing of the commute costs, which could result in a reduced morale and feelings of unfair treatment with some employees. It is also important to consider the impact of having some workers at home and some in the workplace, as it can cause a disconnect between colleagues. As the workforce leaves lockdown with a very different approach to the work/ life balance than when it went in, employers must prepare for the inevitable requests for flexible working and seek to compromise w here possible with employee’s as to their desired working patterns, provided these are feasible.


For more advice, visit https://www. wrighthassall. co.uk/expertise/ employment- law-and-hr


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