Extended rights to request flexible working

Sections 80F to 80I of the Employment Rights Act 1996 (as amended) together with the Flexible Working Regulations 2014 (SI2014/1398) have the effect of extending the right to request flexible working to all employees with at least 26 weeks’ continuous employment. Briefly speaking if a qualifying employee makes a flexible working request on or after 30 June 2014:

•  The procedure to be followed will be far less prescriptive than that previously in force. The employee triggers the procedure by making a   written request. The employer then has the three-month decision period (which can be extended by agreement) within which to consider the request, discuss it with the employee (if appropriate) and notify the employee of the outcome.

•  The employer must deal with the application in a reasonable manner.

•  The employer can still only refuse a request for one (or more) of the eight reasons set out in the legislation.

•  The employer may treat the request as having been withdrawn by the employee if, without good reason, the employee fails to attend a meeting arranged to discuss their request and a further meeting rearranged for that purpose. Similar provisions apply in respect of a meeting to consider an employee's appeal against the rejection of a request.

•  The employee can complain to a tribunal if the employer:
-   fails to deal with their application in a reasonable manner;
-   fails to notify them of the decision on their application within the decision period;
-   fails to rely on one of the statutory grounds when refusing their application;
-   bases its decision on incorrect facts; or
-   treats the application as withdrawn when the grounds entitling the employer to do so do not apply.