Flexible working requests now a ‘battleground’ in firms

Throughout the pandemic, employees have been forced to raise concerns regards many employer policies, such as sick leave and employee safety when returning to the workplace.

And now new data has found that a number of staff members have taken their employer to court for refusing flexible working requests.

Data from law firm GQ|Littler revealed that the number of employment tribunal decisions relating to flexible working have increased by 52% to reach a record high of 193 in 2021, reported City AM.

This has gone up from 127 in 2019-2020, which could be driven by employees resisting attempts by their organisations to bring them back to the office or simply seeking more flexibility in their role.

“The rise in cases relating to flexible working, suggests this is becoming a battleground within some businesses,” explained Sophie Vanhegan, partner at GQ|Littler.

“We may just be seeing the beginning of a tranche of claims taken against employers who’ve failed to deal with flexible working requests in a ‘reasonable manner’.”

The legal expert noted that workers with parenting responsibilities or those suffering with health conditions could have contributed to the rise in claims.

When an employer refuses a flexible request, Vanhegan stated that businesses must consider that one or eight prescribed reasons apply and reference it/them in their refusal.

Vanhegan warned: “When it comes to bringing employees back into the office, employers should be wary of taking a heavy-handed approach. Many sectors are currently experiencing considerable challenges in hiring and retaining talent.

“At the same time, more candidates are now asking for flexible arrangements at recruitment stage, so may be put off by would-be employers who aren’t open-minded to these requests. Similarly, if existing employees feel that their requests aren’t properly considered, they may vote with their feet.”

She added that when an employer is unsure about granting a flexible working request from a worker, they should consider adopting it on a trial basis.

Right to flexible working

Last year The Department for Business, Energy and Industrial Strategy (BEIS) outlined plans to scrap a six-month wait for flexible working requests.

This would mean employees have the right to request flexible working from day one of their employment.

Such a change has been welcomed, with Jodie Hill, managing partner of Thrive Law, sharing that the pandemic has helped ignite a “revolution” when it comes to flexible working.

Writing on LinkedIn, Hill said: “Finally… I said in Feb 2020 that the pandemic would be the flexible working revolution we so desperately need as a nation.

“Now we are seeing the possible removal of the requirement to work 6 months for flexible working requests. Looking forward to seeing the new proposals (sic).”