Flexible work schedule demands are common in today’s employment practices, allowing employees to achieve a better work-life balance. The Flexible Working Regulations of 2014 allow UK employees to request flexible work arrangements after 26 weeks of continuous employment with their present employer. The following are some of the rights that are related with requests for flexible working arrangements;
Protection against Discrimination: The Equality Act of 2010 protects employees from discrimination while granting them the right to request flexible work arrangements. Organizations are prohibited from engaging in discriminatory practices against employees on the basis of their disability, gender, age, or race when evaluating or addressing requests for flexible work arrangements. A request, for instance, cannot be turned down by an employer merely because it originates from a worker who is pregnant or has a disability.
Right to Request Flexible Working: The Flexible Working Regulations of 2014 grant qualified workers, including parents of children under the age of 18, caregivers, and those with specific caring responsibilities, the fundamental right to formally request adjustments to their working hours, location, or pattern.
Employee Obligations
An employee must have been with their current employer for at least 26 weeks before seeking flexible working hours. According to McCartney (2022), when an employee submits a written request for flexible working arrangements, it is mandatory to specify the proposed changes and the estimated date of their implementation. Employees are normally only authorized to request flexible working arrangements once per calendar year.
Employer Obligations
Consideration: Employers must follow the proper procedure before considering requests for flexible work. After receiving the request, employers have three months to respond (Fawcett, 2018). This requires either granting the request or providing a convincing business reason for its denial.
There are eight legal justifications for companies to deny requests for flexible working, including:
- Inability to reorganize work among existing staff.
- Inability to meet customer demand.
- Burden of additional costs.
- Detrimental impact on performance or quality.
- Staffing levels are not appropriate during the proposed working hours.
- Need more work during the proposed working hours?
- The request conflicts with collective agreements
- Planned structural changes to the business. (ACAS, n.d).
Case example: The EAT recognized the significance of firms following the correct method when handling requests for flexible working and making sure that any refusals are justified in Edwards v. Encirc Ltd. (2015).
