In today’s dynamic work landscape, flexibility has become a defining feature of the modern workplace. As employees seek to strike a balance between their professional and personal lives, the demand for flexible working arrangements has surged. But what happens when a flexible working request lands on your desk, and you’re unsure whether to grant it? The ability to accommodate employee needs while maintaining the integrity of your business operations is a delicate balancing act. In this blog, we will explore when it is possible to reject flexible working requests and the considerations that come into play.
Understanding Flexible Working Requests
The CIPD define ‘flexible working’ as ‘a type of working arrangement which gives a degree of flexibility on how long, where, when and at what times employees work’.
As mentioned in our introduction, flexible working is on the rise! Research conducted by the Equality and Human Rights Commission found that 8.7 million full-time workers say they want to work flexibly, 93% of non-workers would prefer to get a part-time or flexible job, and some 92% of people born between 1980 and 2000 identified flexibility as a top priority when job hunting.
You get the picture. At some point, you will receive a flexible working request, and you will be faced with the challenge of whether or not to reject it.
Review our blogs on flexible working for the latest updates and how to handle a request:
Initially, it is important for employers to approach flexible working requests with due consideration. With upcoming legislative changes on the horizon, the practice of outright rejection will be replaced by consultation. This process involves a comprehensive examination of the request, a balanced evaluation of its pros and cons in the context of the business’s operational needs, and the subsequent involvement of the employee. The option to reject a request should be the absolute last to be considered; however, there are some valid reasons for doing so.
Valid Reasons for Rejecting a Request
The entitlement to make a flexible working request stems from the Employment Rights Act 1996; the Act provides nine valid reasons for rejecting a request, they are:
- the burden of additional costs
- detrimental effect on the ability to meet customer demand,
- inability to re-organise work among existing staff,
- inability to recruit additional staff,
- detrimental impact on quality,
- detrimental impact on performance,
- insufficiency of work during the periods the employee proposes to work,
- planned structural changes, and
- such other grounds as the Secretary of State may specify by regulations.
If you are going to reject a request, even after thorough consultation, it should be based on one or more of the above. But sometimes, is that enough?
In Mrs A Thompson (claimant) v Scancrown Ltd (respondent), following the return of the claimant from maternity leave, she sought a modification in her working hours to align with her child’s nursery closing time. Her request was to finish her working day at 5 pm instead of the usual 6 pm.
The respondent held a nine-minute meeting to discuss the flexible working request; it was highlighted that the manager simply read from a script. Four days later, the respondent declined the request. The Manager wrote in their letter:
“I have considered your request for a new flexible working pattern carefully. I regret to inform you that, on this occasion, we are unable to accommodate your request for the following business reasons: (1) the burden of additional costs; (2) detrimental effect on ability to meet customer demand; (3) inability to reorganise work among existing staff; (4) inability to recruit additional staff; (5) planned structural change.”
As you will gather, the manager used five valid reasons for rejecting the request. Following the rejection of her application, the Claimant opted to resign and initiated several claims, one of which was centered on the allegation of indirect sex discrimination. What was the result? The Tribunal upheld the indirect discrimination claim and found that the Respondent’s failure to consider this flexible working request put the claimant at a disadvantage as this meant that she was unable to collect her child from nursery.
The claimant was awarded the sum of £184,961.32 for loss of earnings, loss of pension contributions, injury to feelings, and interest.
What is the lesson? Although there are valid reasons for rejecting a request, meaningful consultation should happen first. If you are in doubt about a decision, you should seek the advice of a trained professional otherwise there could be detrimental effects.
So, can I reject a flexible working request? Yes! However, employers should be keen to work with the employee to find a solution first. If no solution can be found after meaningful consultation, an employer may reject a request based on one of the nine valid reasons.
If you require help in handling flexible working requests, please contact ViewHR. We are able to guide and advise you on such matters expertly.
