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Flexible working: Overview

The legal obligation to make reasonable adjustments is separate to the legal obligation to consider a request for flexible working. A request must be in writing and state that it is a statutory request for flexible working. 4rabet original app download Every employee has a statutory right to request flexible working.

The content of the meeting and the way in which it is conducted should allow for a reasonable discussion and consideration of the request. The employer should notify the employee of the time and place in advance of the meeting. Unless the employer decides to agree to the employee’s written request in full, they must consult the employee before they make a decision.

Deciding requests within the statutory decision period

In light of the concerns highlighted above, employers can be tempted to have a blanket policy approach to refuse all compressed hour arrangements. Any claim must usually be brought within 3 months of either the employee being told of the decision or the statutory decision period (or any agreed extension) coming to an end. Changes to the flexible working regime have reduced the time frame an employer needs to respond to a request from 3 months to 2 months, including time for any appeal (although this can be extended with agreement). Any trial period would not test any longer-term implications (such as the likelihood of fatigue or burnout), but it could allow an employee to show that their requested arrangement can be well managed.

Once the employer has made a decision about the appeal, they must inform the employee of that decision. If the employer receives an appeal, they should arrange an appeal meeting without unreasonable delay following the steps at paragraphs 14 and 15 of this Code. The written decision should offer the employee an opportunity for a discussion to clarify any further information that may be helpful in implementing the agreed arrangement. Once the employer has made a decision about the request, they must inform the employee of their decision.

Why employers need a policy. How employers can use flexible working in their organisation. How to make and respond to requests.

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They may also be able to claim if they have experienced detriment because they raised a concern about working time. A compromise could be discussed which is less restrictive. If the manager cannot identify any way to reduce the workload due to lack of resources or without creating undue pressure on other team members, the manager may reluctantly refuse the request. This may have additional benefits of bringing in new skills to the team.

  • An employer can rely on other reasons for refusal, such as health and safety concerns, but these will fall outside the flexible working regime and therefore carry risk (see below).
  • Part of BusinessUnderstanding external influences on business
  • This list is not exhaustive and each request needs to be considered with the individual circumstances.
  • There is no statutory right of accompaniment at meetings held to discuss a request for flexible working.

Financial liability is relatively low; a maximum of eight weeks’ pay (which is also subject to the statutory weekly pay cap). An employer can rely on other reasons for refusal, such as health and safety concerns, but these will fall outside the flexible working regime and therefore carry risk (see below). There may also be an argument that working longer hours will reduce focus and effectiveness, leading to a detrimental impact on output. These reasons are fairly wide-ranging, and each request should be considered based on individual circumstances. Employers will need to ensure that any trial period is carefully communicated and specialist advice should be sought. The decision should make clear what has been decided and why.

The owners of a retail business decide to grant permission to extend the business’ opening hours on weekdays. The Head of Discipline/ADE could discuss with the member of staff whether they would like to reduce their overall hours to become part-time which could then free up resources to recruit an additional member of staff to cover the remaining teaching. If the member of staff is responsible for a number of teaching hours that only they can teach it is likely to be difficult for the timetable to accommodate this request. The manager receiving this request would need to consider how the workload of the individual could be reduced by 40% to suit the requested part-time hours. The employee making the request could be asked to have a Tuesday, Wednesday or Thursday as their non-working day and so relieve the issue of Monday or Friday not being covered.

The manager could ask the team to discuss the request and the increased need for cover together and come up with a possible solution themselves. There are many considerations the manager will need to make including the individual’s role, the level of cover required in the office and the hours of cover required each day. The manager considering this request needs to think about many things including the hours of coverage required on the reception and likely future demand. This page gives you examples of requests for flexible working and the considerations that may be made by a manager when dealing with the request. Acknowledging a statutory flexible working request. Making a statutory flexible working request.

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