The concept of flexible working has evolved from a perk to a necessity, especially for parents juggling professional responsibilities and childcare. As an employer, understanding your obligations and the rights of your employees regarding flexible working arrangements is paramount. This article will explore statutory flexible working request, the legal framework, employer responsibilities, and practical considerations when addressing requests for flexible working to accommodate childcare.
Employee Rights
As of 6 April 2024, under the Employment Relations (Flexible Working) Act 2023, all employees in the UK have the legal right to a statutory flexible working request from their first day of employment. This change removes the previous requirement of 26 weeks of continuous service. Employees can now make up to two statutory flexible working requests within a 12-month period .
Flexible working can include changes to:
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Working hours (e.g., start and finish times)
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Working days
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Work location (e.g., remote or hybrid working)
Employer Responsibilities
Employers are not obligated to grant every statutory flexible working request, but they must handle requests in a ‘reasonable manner’ and respond within two months. Key responsibilities include:
Fair Consideration
Employers must consider flexible working requests fairly and objectively. Failure to do so can lead to claims of indirect discrimination, particularly if the request relates to childcare responsibilities.
Consultation Requirement
Before rejecting a request, employers are required to consult with the employee to discuss the request and explore alternative solutions. This aims to foster a meaningful dialogue and better outcomes .
Permissible Grounds for Refusal
A statutory flexible working request can only be refused for one or more of the following business reasons:
- The additional costs would have a detrimental impact on the business
- The work cannot be redistributed effectively among existing staff
- It is not possible to recruit others to carry out the work
- The quality of work or service would be negatively affected
- Overall performance would be adversely impacted
- The business would struggle to meet customer demand
- There is insufficient work available during the requested working hours
- There are planned changes to the structure or organisation of the workforce
Communication
Open dialogue with the employee is crucial. Discussing the request can help understand the employee’s needs and may lead to a compromise that suits both parties.
Practical Considerations:
Business Impact
Assess the potential impact on your business, including costs, work distribution, and the ability to meet customer demand. However, also consider the benefits, such as increased employee morale, retention, and productivity.
Cultural Shift
Promoting a flexible working culture can be beneficial. Employers who accommodate statutory flexible working request where possible may find improvements in staff loyalty and engagement, which can translate to better productivity.
Trial Periods
Considering a trial period for the proposed flexible working pattern can be a practical solution. It allows both employer and employee to assess the arrangement’s viability without committing to a permanent change.
Consistency
It’s important to ensure consistency in how you handle requests to avoid discrimination claims. Having a clear, documented policy on statutory flexible working request can help achieve this.
Appeals Process
Employees have the right to appeal against a decision. Ensure that your process for dealing with appeals is clear and that you communicate it to the employee.
Technology and Resources
Ensure you have the necessary technology and resources to support flexible working. This might include secure remote access to company networks, collaborative tools, and effective communication systems.
In Conclusion
While employers are not legally required to accommodate every flexible working request for childcare, they must consider and respond to such requests thoughtfully and in accordance with the law. Embracing flexible working can contribute significantly to employee satisfaction, retention, and overall business success. Employers are encouraged to view flexible working requests not just as a legal obligation but as an opportunity to build a supportive and adaptable workforce.
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If you require further assistance on statutory flexible working request or have specific scenarios you’d like to discuss, please feel free to contact us.
