Sarah Buxton explains the modifications to laws round staff’ proper to request versatile working and the right way to take care of them.
On 6 April 2024, the brand new guidelines on the correct to request to versatile working got here into impact. The statutory request permits staff to request modifications to their phrases and circumstances of employment in relation to their hours, instances or place of job. The modifications that are actually in drive will imply that staff could have higher entry to versatile working.
One of many largest modifications to the correct to request versatile working, is that it’s going to apply from day one in all employment for all staff. The brand new laws removes the requirement for an worker to have 26 weeks’ steady service earlier than they will make a proper versatile working request, making it a ‘day-one’ proper.
Staff are actually capable of make two functions inside any 12-month interval, whereas beforehand solely a single request was permitted. Though staff are actually capable of make two functions, they’re solely capable of have one stay request at one time. A request continues to be thought of to be stay throughout an attraction.
Responding to requests
As soon as an employer has obtained a request from an worker, the employer ought to meet with the worker to debate the request. An employer is unable to reject a request with out consulting with the worker first and this must be carried out with out unreasonable delay.
An employer should deal with each request in an affordable method, and it’s best observe to take care of the request as quickly as doable. The brand new updates imply that an employer is required to reply to a request inside two months except an extension is agreed with the worker, which has diminished from the three months beforehand allowed.
Rejecting a reuqest
A request for versatile working should solely be rejected if there’s a real enterprise purpose to reject the request. The eight real enterprise causes are set out below the Employment Rights Act 1996:
It is going to value your small business an excessive amount of
You can’t reorganise the work amongst different workers
You can’t recruit extra workers
There can be a destructive impact on high quality
There can be a destructive impact on the enterprise’ skill to satisfy buyer demand
There can be a destructive impact on efficiency
There’s not sufficient work to your worker to do once they’ve requested to work
There are deliberate modifications to the enterprise, for instance, you propose to reorganise or change the enterprise and assume the request won’t match with these plans.
Within the latest employment tribunal resolution in Miss Wilson versus Monetary Conduct Authority (FCA), the claimant made a proper request to work totally remotely. The FCA claimed that if the claimant labored totally from house, it might have a detrimental impression of high quality and efficiency.
They rejected her request as a result of destructive impression the requested working association would have on her crew.
Nevertheless, the FCA didn’t attain a choice till the statutory interval had expired. The tribunal awarded the claimant one week’s pay as compensation as a result of breach of the statutory time restrict. Nevertheless, the tribunal held that the choice was not based mostly on incorrect information, because the claimant had argued, and FCA was entitled to refuse the request.
Up to date steering
In gentle of those modifications, ACAS (the Advisory, Conciliation and Arbitration Service) revealed an up to date model of its Code of Observe on requests for versatile engaged on 6 April 2024. This units out what’s required below statute but in addition what’s finest observe when coping with a request for versatile working.
As an employer, it’s probably that you could be see extra versatile working requests than you’ve gotten carried out beforehand because the change signifies that staff will be capable to make a request from their first day of employment and they’re entitled to make two requests inside any 12-month interval.
The time restrict for coping with a request has additionally decreased, due to this fact, you’ll want to be sure that you take care of staff’ requests effectively and throughout the two-month interval.
You need to be sure that you replace your insurance policies and procedures to replicate the change to the legislation on versatile working.
Learn different articles from Sarah right here:
Basic election and what it means for employment legislation
Menopause – what are my obligations as an employer?
5 tricks to keep away from authorized hassle in observe.
Comply with Dentistry.co.uk on Instagram to maintain up with all the newest dental information and tendencies.