Last week’s blog looked at the legalities of flexible working requests. This week we look at how to successfully handle the process, sharing our key tips while taking a look at what you should avoid doing.
- Consider a trial period or alternative flexible working arrangements
Take a ‘can do’ approach to flexible working requests. While you may believe that your concerns about the consequences of accepting a flexible working arrangement are justified, if you don’t give the flexible arrangements a go, how do you know for sure that those concerns will materialise? At the very least be proactive and open minded in considering alternatives. Consider a trial period of, say, three months with the employee working the flexible working arrangement. Keep it under regular review throughout that period to see if any of the snags you were worried about at the outset prove to be valid.
- Open communication works both ways
Communication is especially important if you are going to be unable to accept a flexible working request. Simply saying no without providing a reasonable explanation will not only breed resentment, but could lead to you facing an Employment Tribunal claim – remember that such claims can now be brought without the employee having to pay a fee. Equally, even if you are not in a position to agree with an employee’s flexible working request, more often than not the employee will appreciate that you have taken the time to sit down and consider their request properly, explained your concerns and considered possible alternatives.
- Keep a paper trail
It is essential to document the process you have followed and any actions that have been taken as a result of a flexible working request. In particular, you need to ensure that any business reasons for refusing the request fall into one or more of the specified grounds (see these outlined in last week’s blog) and that those are supported by evidence, not simply based on assumption. While an employee will often only choose to take legal action as a last resort, if they do so and you are unable to evidence your process and reasons for refusal, even if you have legitimate reasons for refusing the request, you are likely to lose the claim.
