Recent changes to flexible working laws require employers to consult with employees requesting time off. This comes with its own set of guidelines that must be followed accurately.
What led to this legislation?
From your very first day of employment, you have the right to request flexible working dates from your employer. More specifically, you can make two flexible requests within 12 months. This is just the right to request and does not guarantee that time will be.
Your employer must consult with you to discuss your flexible working request. While there isn’t an outline of what a consultation should cover, it will help to discuss:
- Flexible working dates
- Any blockers making the request difficult to approve
- Genuine reasons the request has to be declined
- If there is any opportunity for an alternative option
Any effect the request may have on the businessYour employer must respond to any flexible working requests within two months. We recommend scheduling these meetings as early as possible if you are an employer.
Rejecting an application
If you’re an employer, there are specific reasons why you can turn down flexible working requests. These could be financial reasons, such as additional costs that could damage the business or not meeting customer demands.
They could relate to the work your business is delivering to clients. If the quality of your products/services might dip while your employee is out of the office, you can decline the request. The same applies if worker performance is at risk. You can refuse their application if a lack of work is available during the proposed working times.
Finally, your reasoning could stem from organisational issues. For example, the work cannot be redistributed among staff, you can’t recruit replacement staff, or you plan to change your current workforce.
After the mandatory consultations, employers must inform their employees if the request has been denied; they cannot refuse it without that consultation.
Following the consultation
If you’re an employer, you must confirm your decision on your employee’s time off with a written response including one of these three decisions.
Agree to the employee’s request, outlining the decided terms. This includes the dates and times the employee will be working.
Outline of the alternative agreement discussed during the consultation. Request additional confirmation that the included terms are indeed the ones accepted.
If you have declined their request, you must inform them of any of the reasons mentioned earlier.
This allows for clarity between your employee and yourself, avoiding confusion and conflict.
If you’re an employee, you aren’t required to explain to your boss how your flexible working will affect the business. However, you are welcome to clarify if you believe it will benefit your appeal.
Future changes
Further flexible working rights have been discussed and could be included in future legislation. While not included in the Employment Rights Bill, the legal right to request a four-day workweek was once considered.
While we aren’t sure if or when this will be implemented, the four-day workweek has become popular within contemporary business. Many who have trialled the system have noted increased productivity and a higher quality of work. As popularity increases, it’s only a matter of time until new legislation is passed.
We know plenty of HR and management concerns will be raised when that happens.
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