Understanding the Working Time Regulations Working time rules

The Code provides guidance for employers and employees on their legal rights, responsibilities and good practice in making and handling statutory requests for flexible working. The revised Acas Code of Practice is clear that before rejecting any request, employers must consult with the employee and consider alternative flexible working options, such as other part time working arrangements. If both parties agree to a trial period, employers should consider extending the statutory 2-month decision period and ensuring time is allowed for both the trial and any subsequent appeal. They should confirm the decision in writing without unreasonable delay, taking into account the statutory two-month period for deciding requests including any appeal (see paragraph 37). A request continues to be live during any appeal or any extension to the statutory two-month decision period that an employer and employee may have agreed. If the manager can identify a 40% reduction in workload at some points of the year (for example, when demand is low such as during holiday periods), the manager may discuss with the employee the possibility of an annualised hours contract where they work part-time for some of the year.

• In some industries, employers should also consider carrying out a risk assessment for such working patterns, particularly if the role involves an element of manual or monotonous work.
• Any trial period would not test any longer-term implications (such as the likelihood of fatigue or burnout), but it could allow an employee to show that their requested arrangement can be well managed.
• If the employer rejects the employee’s request, the written decision should clearly explain the business reason(s) (see paragraph 9).
• Wherever possible, it should be handled by a manager who has not previously been involved in considering the request.
• The person holding the meeting should have sufficient authority to make a decision.

Statutory flexible working requests

This might include, for example, agreeing dates to review how the arrangement is working. The meeting should be held privately. Employers must make reasonable adjustments to remove any disadvantage related to a person’s disability. This right applies from the first day of employment.

A compromise may be reached where the receptionist is asked to consider working from 7.30am to 3.50pm allowing another employee to work from 12 to 8.20pm ensuring that there are two people covering the busiest period during the middle of the day. The manager might discuss the need to cover the reception for a longer period with the whole team and ask if any other members of the team would like to consider changing their hours. However, this request would leave the reception understaffed at the end of the day and for a shorter amount of time. Confirming a decision on a statutory flexible working request.

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However, allowing an employee to appeal is good practice. The employer and employee may mutually agree that such a discussion is not necessary. It may be helpful to discuss whether a trial period may be appropriate to assess the feasibility of an arrangement. It can also make clear whether a request may relate to a reasonable adjustment for an employee’s disability 4rabet original app download (see paragraph 11).

Understanding the Working Time Regulations

Why employers need a policy. How employers can use flexible working in their organisation. How to make and respond to requests.

There is no statutory right of accompaniment at meetings held to discuss a request for flexible working. If an employee wishes to appeal the decision about their request, they should let their employer know the reasons for their appeal in writing. There is no statutory right of appeal against a decision about a request for flexible working. If the employer rejects the employee’s request, the written decision should clearly explain the business reason(s) (see paragraph 9). If the original request cannot be accepted in full, the employer and employee should discuss if it may be possible to secure some of the benefits that the original request sought.

Stakeholders can also influence the decisions that a business makes. An employer does not need to keep records of all daily working hours. The manager would need to consider the extra costs this would bring and should consider this alongside the benefits of having an increased number of hours dedicated to the role. If the workload could not be distributed amongst other members of the team either because of lack of capacity or lack of the specialist knowledge required, the manager could consider whether it is cost effective to recruit a part-time employee to cover the remaining workload.

In looking at this, the manager may recognise that there has recently been increased demand to support their customers from 8am until 6pm so having someone who works 9.1 hours a day, four days a week will be beneficial in providing a longer period of office cover. If an employer does not handle a request in a reasonable manner, the employee can take them to an employment tribunal. Read the Advisory, Conciliation and Arbitration Service (Acas) code of practice on flexible working requests.