Substantial changes to flexible working laws will give employees greater rights to flexible working, enabling them to make two flexible working requests in any 12-month period instead of the current one request.
From 6 April, employees will have the legal right to make a statutory request for permanent changes to their contract, including when, where and how long they work, from their first day of employment.
Under the new rules employers must respond to a request within two months unless there is a mutually agreed extension; currently employers have three months to respond to a request. And employers will be required to tell staff the reasons why a flexible working request has been refused.
Importantly, employees will no longer need to outline a business case for their flexible working request. If employers do not deal with the request properly it could result in employee action.
Employers can reject an application for any of the following reasons:
· It will create extra costs that will damage the business.
· the work cannot be reorganised among other staff.
· people cannot be recruited to do the work.
· flexible working will affect quality and performance.
· the business will not be able to meet customer demand.
· there’s a lack of work to do during the proposed working times.
· the business is planning changes to the workforce.
However, Eleanor Rogers, a solicitor at legal services firm Furley Page, warned: “Given the wide grounds for refusing a request and the limited penalties faced by employers for failing to follow the process, the right to request has sometimes been seen as ‘all bark and no bite’. However, employees are protected from dismissal or being subject to a detriment because they have made a request.
“If a refusal can be shown to be a discriminatory act, there is the risk of uncapped compensation. If the request relates to an employee’s disability, a refusal could be a failure to make a reasonable adjustment under the Equality Act 2010. For example, an employee with anxiety which is exacerbated by being in a crowded place may ask to change their working hours to allow them to commute at quieter times.
“An unjustified refusal of a request made by a female employee to facilitate childcare arrangements, could amount to indirect discrimination because statistically women are most likely to be the primary carer.”
The Department for Business and Trade (DBT) has launched a webpage where employers can learn more about the changes and find support.
“If a refusal can be shown to be a discriminatory act, there is the risk of uncapped compensation.
Eleanor Rogers, Solicitor, Furley Page
