What are the rules for refusing a flexible working request?

From 6th April 2024, the rules for “flexible working” are being changed quite considerably. Where-as previously, an employee only had the right to request “flexible working” after completing 26 weeks service, from 6th April 2024 they will have the right to make the request from day one.

Within the legislation changes being brought in, it is expected that employers will be required to suggest alternative options when refusing a request. This is designed to make flexible working requests more accessible and put the onus on the employer to provide options.

However, contrary to some reports, the new legislation is not expected to take away the employer’s right to refuse a “flexible working” request. However, it is required that the employer clearly explains their decision to the employee and that the refusal should be based on one or more of the following 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 periods the employee proposes to work.
• Planned structural changes.

Please note though that an employee will always have the right to appeal the decision if they think it is unfair, so having a detailed and clearly thought out refusal is always wise for these situations.

If you have any queries or concerns regarding flexible working requests, please contact us.