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Flexible Working Requests - What to do if you receive a request

The new rules regarding the right to request flexible working have been introduced and all staff with at least 6 months service have a right to apply.

It’s still early days but the feedback we have been receiving is that the number of staff taking advantage of this right is small. This may, in part, be due to a lack of awareness by staff of the new right or it may be the fear that a request will be perceived as a lack of commitment by that person to the company or their career.

If you receive a request you are obliged to consider it in a reasonable manner and you can only refuse the request if there is a business reasons for doing so. The reason must be from the following list:

  • the burden of additional costs;
  • an inability to reorganise work amongst existing staff;
  • an inability to recruit additional staff;
  • a detrimental impact on quality;
  • a detrimental impact on performance;
  • detrimental effect on ability to meet customer demand;
  • insufficient work for the periods the employee proposes to work;
  • a planned structural changes to the business. You should deal with any requests received promptly and, in any event, within 3 months, including any appeal.
Although it’s not a statutory obligation, you should consider meeting with your employee to discuss the request (unless you are happy to agree to it). It may be that the employee will be able to satisfy any concerns that you have during the meeting or you can explore whether a potential compromise can be reached.

You should deal with any requests received promptly and, in any event, within 3 months, including any appeal.

ACAS have produced a useful Code of Practice that you can refer to as and when you receive a request.

Posted on 10/20/2014 by Ortolan

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