Code of Practice on requests for flexible working
Stakeholders can also influence the decisions that a business makes. An employer does not need to keep records of all daily working hours. The manager would need to consider the extra costs this would bring and should consider this alongside the benefits of having an increased number of hours dedicated to the role. If the workload could not be distributed amongst other members of the team either because of lack of capacity or lack of the specialist knowledge required, the manager could consider whether it is cost effective to recruit a part-time employee to cover the remaining workload.
- This includes explaining how to appeal if the employee wishes to do so, and the timeframe for submitting any appeal.
- Employers must not reject a request without first consulting the employee.
- If the employer does consider the request withdrawn, they must inform the employee of this.
- This can support early and constructive conversations with existing and prospective employees about options to work flexibly.
- If the original request cannot be accepted in full, the employer and employee should discuss if it may be possible to secure some of the benefits that the original request sought.
- For example, if it can be shown that women are more likely to be disadvantaged by a policy of not allowing compressed hours working arrangements, an employer will need to objectively justify any such practice.
Managing employees who work from home
Throughout this Code the word ‘should’ is used to indicate what Acas considers to be good employment practice, rather than legal requirements. The potential business reasons are specified in the Employment Rights Act 1996 and set out in paragraph 9 of the Code. This includes jointly exploring alternative solutions if the original request cannot be accepted.
Statutory flexible working requests
The legal obligation to make reasonable adjustments is separate to the legal obligation to consider a request for flexible working. A request must be in writing and state that it is a statutory request for flexible working. Every employee has a statutory right to request flexible working.
They may also be able to claim if they have experienced detriment because they raised a concern about working time. A compromise could be discussed which is less restrictive. If the manager cannot identify any way to reduce the workload due to lack of resources or without creating undue pressure on other team members, the manager may reluctantly refuse the request. This may have additional benefits of bringing in new skills to the team.
In looking at this, the manager may recognise that there has recently been increased demand to support their customers from 8am until 6pm so having someone who works 9.1 hours a day, four days a week will be beneficial in providing a longer period of office cover. If an employer does not handle a request in a reasonable manner, the employee can take them to an employment tribunal. Read the Advisory, Conciliation and Arbitration Service (Acas) code of practice on flexible working requests.
What process do we need to follow if we receive such a request?
Different stakeholdersclosestakeholderAny person, group of people or other organisation that has an interest in the activities of a business. Part of BusinessUnderstanding external influences on business The activities of a business will affect 4rabet app download apk many of their stakeholders.
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