Flexible Working Requests – Why You Might be Refused
The right to request flexible working has been in place since the 30th June 2014 and it is an option available to employees who have been with their employer for 26 weeks or more. There are several forms of flexible working; including part time hours, flexibility with hours, working from home and job share. As an employee, you should make your request in writing and as an employer, you should respond to the request within 3 months. Flexible working requests cannot just be dismissed; there must be a reasonable justification for the decision. If you are thinking of making a request for flexible working or you have already done so, why might your employer choose to reject it?
Expense to Business
If the flexible working arrangement could result in extra expenses for the business, this could be a reasonable justification for refusing an application. For example, if an employee wishes to change from full time to part time hours, this could cost money to the business. However, the employer would need to be prepared to explain why someone else could not be recruited to the role. A suitable reason could be the potential cost of recruitment. It is important that the employer can substantiate any reasons they give for refusing a flexible working request on this basis.
Staff Cover
It may be that you want to change your hours to suit your circumstances. However, there is no guarantee that your employer will agree to this flexible working arrangement. It might be the case that cover is needed within certain hours and the shifts can’t be carried out by another member of staff.
Workload
The demands of the workload may be such that flexible working is just not possible, depending on the nature of the request. For example, reducing hours or changing from full time to part time. While remaining open minded, employers also still need to make sure their business survives and that they are meeting the needs of clients.
Requirements of the Role
It will depend on the type of flexible working request, for example, working from home, but a suitable reason may be that the requirements of the role do not allow for the arrangement. For example, in the care sector, it may not be possible to allow workers the flexibility of working from home, if they are undertaking support work or similar. In other industries, it may be that employees wouldn’t have access to the system at home or they may need to be involved in regular face to face meetings.
It is good practice for employers to try and accommodate flexible working arrangements wherever possible, both for the purpose of retaining and valuing staff. Where flexible working is not possible, employers should be prepared to explain their decision and to ensure it is a reasonable justification.