Marsha Thompson answers your questions on the law relating to flexible working.
Q: An employee made a request for flexible working eight months ago. I refused. She wants to make a second request, what should I do?
MT: Under the Flexible Working Regulations employees can only make one application in 12 months. So you are not legally obliged to consider this request until 12 months after the first application. But if you can accommodate the request there is no reason not to reconsider now.
Q: What do I do if another employee makes a request for flexible working?
MT: To be eligible to make a request under the statutory right your employee must be the parent of a child under six (or a disabled child under 18) or caring for an adult in need of care (or expecting to do so). In addition, they should:
- Have worked for you continuously for 26 weeks at the time of the application.
- Not be an agency worker or a member of the armed forces.
- Not have made another application to work flexibly under the right during the past 12 months.
On receiving the request you should:
- Invite the employee to a meeting - where they can be accompanied by a colleague - to consider the request. This must be within 28 days of the application.
- Inform them in writing of your decision within 14 days of the meeting.
Q: Can I simply refuse again?
MT: You can refuse the request if there are valid business grounds, for example:
- Excessive additional costs on the business.
- A detrimental impact on performance.
If you do refuse, you should:
- Provide sufficient explanation based on the correct facts.
- Inform the employee of their right to appeal and to be accompanied at any appeal meeting.
When deciding on flexible working requests, be careful not to apply any provision, criteria or practice that could be deemed to be discriminatory. For instance, a provision stipulating that the job could only be carried out with a maximum 25 per cent reduction in hours could be indirect sex discrimination. Because more women than men are primary carers and may need reduced hours to look after children, this blanket provision could be seen to discriminate against them.
Q: I agreed an employee could work flexibly, but I suspect he has not been truthful in his request. What can I do?
MT: Ensure your suspicions are correct before taking any action. The Regulations give an employee the right not to be subjected to detriment or dismissed for:
- Making an application for flexible working.
- Exercising his right.
- Bringing proceedings against you.
If you believe the employee is misusing his right to request flexible working you could instigate disciplinary procedures. For more information see Disciplinary and Grievance Procedure in the Workplace.
This article was published in The Argus in November 2008
The information in this article is provided as general guidance only. The law in this area is regularly subject to change, challenge and update. You should always check the up-to-date position and if appropriate seek further specialist advice.
