How to manage a flexible working request

Flexible working can be a confusing area for employers, and many companies struggle to manage requests in a fair and consistent manner. Knowing how to manage a flexible working request in the right way will help you avoid any negative repercussions. We look at some best practices for managing such requests and the benefit of creating a suitable policy.

Since the pandemic, there has been a rise in the number of employees demanding flexibility in their working arrangements. It's essential for employers to approach such requests with care and consideration. There is a legal framework around making flexible working requests. Currently, an employee must have 26 weeks’ continuous service to be eligible.

What’s deemed as flexible working?

Firstly, it's important to understand the definition of “flexible working”. Usually, this refers to arrangements that allow employees to adapt their working day to suit their needs and preferences. This could include working hours, start and finish times, and the location of their work. An employee, for example, might ask if they can work part time. In this instance, an employer might look at whether the role could be turned into a job share.

In many cases, flexible working arrangements can benefit both the employer and the employee. By giving people greater options and improving their work-life balance, this will help to reduce any stress and could boost productivity.

Can I refuse a flexible working request?

Employees are currently legally entitled to make a flexible working request after 26 weeks of continuous service. But as an employer, you do have the right to assess whether granting the request will have a negative impact on your business.

You may have concerns around being able to meet customer requirements. You might be worried about other team members putting in requests, which could result in operational pressures. In some cases, you may have to refuse a flexible working request.

Below are some examples of reasons for refusal:

• It will cost the business too much.

• The business cannot reorganise the work using other staff or through recruitment.

• There will be a negative effect on quality, performance or the business’s ability to meet customer demand.

• There’s not enough work for the employee to do at the times they’ve requested to work.

• There are planned changes to the business (for example, a business restructure) and the request does not fit with these plans.

Employers are required to explain in writing if they decide to refuse a request. We always recommend keeping an open mind and exploring different ways to accommodate your employee’s request, rather than a straight refusal. You could agree a trial period with the employee to see how the business will be impacted. By supporting flexible working arrangements, you could create a happier, healthier, and more productive workforce.

How to respond to a flexible working request

Below are some key steps on how to approach a flexible working request:

• Carefully review the request

Before responding to a flexible working request, it's important to carefully review how it will impact your business. Consider the reason for your employee's request, for example, they might have caring responsibilities. In some cases, they may be entitled to periods of unpaid leave, which could have a bigger impact on your business.

• Meet with the employee
  Once you've reviewed the request, it's important to discuss this with the employee. This is an opportunity for you to ask questions, clarify any issues, and ensure that you fully understand the employee's needs and expectations. Listen to their reasons for requesting flexible working and always show empathy and understanding.

• Make a decision
  You have 3 months to consider and respond to the request or suggest alternatives. We advise responding within 2 weeks, if possible. Whether you're able or unable to accommodate the request, you will need to explain your reasoning in writing.

• Consider other options

If you're unable to grant the employee's request in its current form, consider whether there are any other arrangements that might work. If the employee is requesting part-time work, for example, could they work longer hours on fewer days? Maybe they could work from home on certain days, rather than full-time hours?

• Monitor and review

  Once the flexible working arrangement is in place, monitor its effectiveness with regular reviews. This will allow you to identify any issues or challenges. It will also give you the opportunity to check in with the employee and see if they are happy.

By following the above steps, employers can ensure flexible working requests are handled in a fair and consistent manner. This will also ensure the needs of the business are met.

Parliamentary changes to flexible working

The Employment Relations (Flexible Working) Bill is currently being read in the House of Lords. This Bill proposes that employees should have a right to flexible working from day one of their employment, instead of 26 weeks’ continuous service. The 3-month response time may reduce to 2 months. Read our previous blog for more Employment Law Updates.

Managing a flexible working request requires careful consideration and communication. A Flexible Working Policy enables employers to explain their position on flexible working arrangements. It gives you the ability to get a suitable process in place, which could include creative flexible working initiatives. In the long term, you can evaluate the success of these arrangements, and it might even lead to a redesign of certain job roles.

At Invictus HR, we believe that the proposal to make flexible working a right from day one of someone’s employment is fair. This sends a positive message to employees that you are willing to consider their needs, especially if there are constraints on people’s lifestyles.

Are you struggling to manage flexible working requests? If so, please speak to us! We can design and help you implement your Flexible Working Policy, working closely with your internal teams. Our experienced HR team can also advise you on a range of other policies and procedures. We offer a retained HR service and support for strategic HR projects.

If you would like to implement a Flexible Working Policy in your business or you need HR advice on another matter, please get in touch.

Sources:

https://bills.parliament.uk/bills/

https://www.cipd.org/uk/knowledge/factsheets/flexible-working-factsheet/