Eight reasons for refusing a flexible working request
More employees are asking for flexibility with their work schedule to juggle life’s competing demands. But as valuable as this is, if you need to refuse a flexible working request what are valid reasons to do so?
Striking the right balance between work and home life is a very important aspect of modern life. However, flexible working doesn’t necessarily suit every business, and in some circumstances, it may not be possible to agree to a request to work flexibly. Use this article to check if you’re doing this in a fair and legal way.
Can I refuse a flexible working request?
Employers have a legal obligation to deal with requests in a reasonable manner. As part of this, an employer can refuse a flexible working request if there is a good business reason for doing so. ACAS published a statutory code of practice on handling requests to work flexibly. The legislation permits an employer to refuse a flexible working request on eight business grounds.
Eight reasons for refusing a flexible working request
1. The burden of additional costs
You can refuse a flexible working request if it will be a financial burden on your business. For example, if accepting a flexible working request meant that your business had to absorb additional costs of engaging with a recruitment agency or paying other employees to work overtime at a premium rate, you’re permitted to refuse the request.
2. An inability to reorganise work amongst existing staff
Do you employ staff with very specific skills? If one of these employees wanted to work flexibly how easy would it be for you to rearrange their work amongst existing staff? If the answer is “it isn’t” or “we tried and failed” then this is another legitimate reason for refusing a flexible working request.
3. An inability to recruit additional staff
Take the following scenario. An employee submits a flexible working request to leave an hour early everyday. How would you go about recruiting someone to work just one hour per day? It would of course be impractical and consequently this is a justified reason to refuse a flexible working request.
4. A detrimental impact on quality
A head of department or a customer-facing manager wishes to work two days per week. Will customers suffer because that employee is absent for three days of the working week? If you fail to recruit for the remaining three days and the reduced working hours would have a detrimental impact on your customers, you can refuse the request. This is a reason for refusal that we see quite often when customers call into our HR Advice Line.
5. A detrimental impact on performance
This one is straightforward. If it’s going to have a significant impact on an employee’s ability to carry out their role, the request should be rejected.
6. Detrimental effect on ability to meet customer demand
To explain this, here’s a common example in the hospitality sector. Most restaurants are busiest on Friday, Saturday and Sunday evenings. If an employee submits a request to work on Mondays and Tuesdays only, this would prevent the business from meeting their customer demand during their busiest periods and a request can be refused on these grounds.
7. Insufficient work for the periods the employee proposes to work
Using the same example of an employee at a restaurant requesting to work on a Monday and Tuesday only. If there isn’t sufficient work to be carried out during the periods an employee is requesting to work, you can refuse the request.
8. Planned structural changes to the business
If you’re going through a restructure or a redundancy, this is a legitimate reason to refuse a flexible working request.
When employers can’t refuse a flexible working request
Of course, on the other hand there are plenty of reasons employers may have for refusing a flexible working request which aren’t lawful and shouldn’t be used.
The following examples would not be reasonable grounds to refuse a flexible working request:
- The management team don’t like employees working part-time or working from home.
- It doesn’t fit into your culture.
- For any reason related to the person’s protected characteristics, for example their age, disability, gender reassignment, pregnancy etc. as this could lead to a discrimination claim from the employee.
Find out more
Find out more about flexible working on our online flexible working guide.
Watch our past webinar on flexible working which covered everything from examples of flexible working arrangements to managing requests and relevant case law. You can watch a recording of the webinar here.
In addition, Moorepay customers who would like advice on any aspect of flexible working can contact our HR Advice Line on 0345 073 0240.
