HR FAQs
One of my team has submitted a flexible working request, what do I need to do?
As the line manager you should deal with every flexible working request the same.
You are required by law to consult with the individual within 14 days of receiving their application.
You must consider each application on its merits and the circumstances at the time. An individual has a statutory right to make 2 applications in a 12 month period.
Just because something may have been refused to another person or in the past, does not mean that this will be justification to decline the request al the time and without specific justification.
Where the proposed working pattern may not be suitable, you should consider are their alternative flexible working options that may be able to be supported i.e. being able to support if backfill recruitment is able to be covered, or a different working pattern, different day off etc and not simply refuse the request.
Where you consider that the request may not be able to be granted, you should ensure that this and the reason for refusal aligns with one of the statutory grounds for refusing a flexible working request:
• The burden of any additional costs is unacceptable to the organisation.
• An inability to reorganise work among existing staff.
• Inability to recruit additional staff.
• The employer considers the change will have a detrimental impact on quality.
• The employer considers the change would have a detrimental effect on the business’ ability to meet customer demand.
• Detrimental impact on performance.
• There is insufficient work during the periods the employee proposes to work.
• Planned structural changes, for example, where the employer intends to reorganise or change the business and considers the flexible working changes may not fit with these plans.
The outcome of the application must be confirmed in writing to the employee and must lay out clearly and specifically the reasons and grounds for declining.
It is not sufficient to simply state one of the statutory reasons for refusal, the response must include detailed and specific information relevant to the employee and their request.
There is a right of appeal against a decision to decline a flexible working request to the Head of Service or Corporate Director, within 14 days of receiving the written outcome of the request.
