Is it reasonable for the employer to deny the request?

Question from jenny, Is it reasonable for the employer to deny the request?

Answer from AI:

In the UK, employees have the right to request flexible working arrangements, which can include changes to working hours, times, or locations. This right is established under the Employment Rights Act 1996, as amended by the Flexible Working Regulations 2014. However, employers are not obligated to grant every request and can refuse them for specific business reasons.

Understanding Flexible Working Requests

Phoebe, as an employee with over 26 weeks of continuous service, is eligible to make a flexible working request. The process generally involves:

1. Submitting a formal request in writing, stating the change desired and the date it would take effect.
2. Explaining how the change might impact the business and how any potential issues could be addressed.
3. Employers must consider the request in a reasonable manner and respond within three months, unless an extension is agreed upon.

Reasons for Refusal

Employers can refuse a flexible working request for several business reasons, including:

• The burden of additional costs.
• Inability to reorganize work among existing staff.
• Negative impact on quality or performance.
• Insufficient work during the periods the employee proposes to work.
• Planned structural changes.

In Phoebe’s case, her employer cited the need for all property managers to work full-time to maintain a professional and comprehensive service. This could be considered a legitimate business reason, particularly if the employer can demonstrate that part-time work would negatively impact service delivery.

Appeal and Further Steps

Phoebe has already appealed the decision, which was also rejected. If she believes the refusal was not handled reasonably or was discriminatory, she may consider the following steps:

1. Review the employer’s flexible working policy to ensure all procedures were followed.
2. Consider whether the refusal could be indirect discrimination, particularly if it disproportionately affects women, who are more likely to request flexible working for childcare reasons.
3. Seek advice from a legal professional or a trade union representative.
4. Consider mediation or conciliation services, such as those offered by Acas (Advisory, Conciliation and Arbitration Service).
5. If unresolved, she may consider filing a claim with an employment tribunal, though this should be a last resort.

Legal Advice and Resources

Given the complexities of employment law and potential discrimination claims, it is advisable for Phoebe to consult with a legal professional to explore her options and ensure her rights are protected. For more information, she can refer to the UK Government’s guide on flexible working.

It is important to note that each case is unique, and outcomes can vary based on specific circumstances and evidence presented.