The document discusses changes to flexible working requests in the UK as of June 30, 2014, highlighting that all employees with 26 weeks of continuous service have the right to request changes in work hours, times, or locations with a less prescriptive procedure. It outlines the grounds for rejecting such requests and the handling of appeals and interactions with other areas of law, specifically noting legal compliance in the process. Additionally, it emphasizes the need for reasonable discussion between employers and employees regarding these requests.

1. Employment Team Worcester
Breakfast Meeting
Tuesday 1 July 2014
Overstretched?
Flexible Working in 2014
Michael Stokes, Partner
and
Stephenie Malone, Associate Solicitor
Employment Team

2. Flexible Working
• CIPD Flexible Working provision and uptake
survey 2012
– 63% of organisations offer flexible working to
all
• 7/10 large employers
• 59% of medium businesses
• 51% small businesses
• 47% micro businesses

3. The right to request prior to 30 June 2014
• Could be made to care for certain children and adults by
employees with 26 weeks’ continuous service
• A statutory procedure to be followed
• Refusal on one of eight grounds
• Only one request could be made in any 12 month period
• Complaints to a tribunal could be made on the grounds that the
employer has:
– Failed to comply with the statutory procedure
– Refused the request for a reason other than the eight
prescribed reasons
– Based its decision to reject the request on incorrect facts

4. Key changes from 30 June 2014
• All employees with 26 weeks’ continuous
service
• Less prescriptive procedure
• Employer must deal with request in a
reasonable manner
• Can treat request as withdrawn if employee
does not attend meeting without good reason
• Wider grounds to complain to a Tribunal

5. Exercising the statutory right
• Employees
• with 26 weeks’ continuous service;
• who have not made a previous request
within a 12 month period.
• Submit a request in writing which must satisfy
the statutory criteria.

6. What kind of change can be requested?
• 3 broad categories
• A change to hours of work
• A change to the times of work
• A change to the place of work
• Possible work patterns?
• Temporary or permanent?

7. Dealing with the request
• In a reasonable manner;
• No statutory definition;
• Discussion with the employee;
– Changes to the terms and conditions of
employment
– Allow the employee to be accompanied
• Weigh up the benefits for the employer
and the employee

8. Dealing with the request (2)
• The decision period
– 3 months from the date on which the employee
made the request
• Including the decision on an appeal
– Or a longer period that the parties have agreed
• Trial periods
• Variation of the contract once an agreement has
been reached
• Dealing with more than one request at a time?

9. Rejecting or refusing a request
• Rejection
– Does not meet the statutory requirements
– Technically flawed
• Refusal for one of the 8 prescribed reasons
– The burden of additional costs
– Detrimental effect on ability to meet customer demand
– Inability to reorganise work among existing staff
– Inability to recruit additional staff
– Detrimental impact on quality
– Detrimental impact on performance
– Insufficiency of work during the period the employee
proposes to work
– Planned structural change

10. Appeals
• Not specifically mentioned in the legislation
BUT
• Part of dealing with the matter in a
reasonable way - ACAS Code
• No prescribed grounds

11. Withdrawing requests
• Employee can withdraw - cannot make another
request under the statutory scheme for 12 months
• The employer can treat the request as withdrawn
where the employee;
• Without good reason fails to arrange the first
meeting and a rearranged meeting without
good reason
• Has appealed and fails to attend the first
meeting and a rearranged meeting to discuss
the appeal without good reason
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12. Interaction with other areas of the
law
• Sex discrimination
• Maternity leave
• Disability discrimination
• Constructive dismissal
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13. Complaints to an Employment
Tribunal
• ET’s role is very restricted
• Cannot question the commercial rationale or the
business reasons for refusing a request
• It will;
• review the procedure;
• consider whether the request was taken seriously;
• consider whether the decision was based on
correct facts
• consider whether the reason given falls within one
of the prescribed grounds
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14. Flexible working request in practice
Example Scenarios
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