Flexible working made clear
All employees can make two flexible working requests a year. They don’t need any qualifying period. You can only reject a request if you can rely on one of the eight statutory reasons and have reached a decision within two months.
Refusal is no longer default
The Employment Rights Act adds additional obligations to this. You will only be able to refuse a request if you can rely on one of the eight statutory reasons and can demonstrate that it is reasonable for you to rely on those grounds. You will, also, have to fully explain to the employee why you consider it reasonable to reject their request.
A consultation seeks views on a new process that employers must follow when they cannot accept a statutory flexible working request, and regulations will set out the steps an employer must take to comply with the requirement to consult before rejecting an application. The Acas Code on flexible working will also need to be updated.
Handling new requests
More employees are likely to ask to work flexibly and, if they are turned down, bring tribunal claims to challenge the reasonableness of your decision.
It’s important that your managers understand the correct process to follow when a flexible working request is received, understand the eight statutory reasons for refusing it, the process they need to follow (and the time-limits that apply) and how to decide what is reasonable in the circumstances.