Mustard HR recently wrote a guest blog post on flexible working for the parenting website and blog ‘The Resilient Mama’. This was pre COVID-19 restrictions in the UK and as we now know, the flexible working landscape seems to have changed somewhat (in terms of working from home anyway). However, the blog post focused on requesting flexibility (and the many variations of flexible working) not, as we are now experiencing, it being forced on people unexpectedly.

These were the 5 top tips Mustard HR gave for mum’s returning to the workplace after maternity leave, however the advice doesn’t just apply to working parents but to anyone seeking flexibility in their employment…hopefully one positive to come from this dreadful period we are in the midst of might be that employers become more open to flexibility for all.

Tip #1: Know your rights

The right to request flexible working applies to all employees with 26 weeks’ qualifying service as long as they have not submitted a flexible working request in the last 12 months.

An application for flexible working is an application for a permanent variation to your hours, time or place of work.

You employer must deal with your application in a “reasonable manner” and notify you of the decision in a specified timeframe (generally within three months).

If your employer rejects your request for flexible working, they must show one or more reason for this which meets specific criteria.

Tip #2: Considerations

Before submitting a formal request, take time to consider not only what would work for you on a personal level but how this could work to enable you to continue to carry out your job to a high standard.

Try to demonstrate that you have given thought to this by explaining clearly how you think it could work in practice and your reasons behind this. For example, if your reason for your request was because you need to finish at 3pm to do the school run, could you work a couple of hours in the evening to bridge the gap and ensure continuity?

Tip #3: Negotiation

Consider whether there are aspects of your proposed work pattern which you are prepared to negotiate on so that you have some alternatives to offer if needed. This will very much depend on your role and the type of business. Try to look at it from a business needs view and think about anything you would consider compromising on in order to make it work.

For example, if you wanted to reduce your hours to 3 days/week but your employer was reluctant to agree to less than a 4 day week, would something like a ‘7 day fortnight’ working 3 days one week and 4 the next be acceptable to you?

Tip #4: Practicalities

Whilst many businesses seem to be waking up to the benefits of flexible working and there are some great stories out there of all types of organisations creating a truly flexible culture (which in the current climate may now set them apart from more ‘old school’ employers who lack trust in their staff and insist on full time/9-5/office based), some working environments are easier than others in which to implement flexible working practices. However, there is always a way round it with some creative thinking.

For your best chance of being granted flexible working, you should be able to demonstrate that you have thought through the practicalities, preempting any concerns your employer may have or obstacles in the way and offering solutions where possible.

Tip #5: Consider your options

If your request is rejected consider the options available to you.

Although it is not mandatory, some organisations offer the right of appeal for flexible working requests, so if you don’t get the answer you wanted and your policy states this right, it would be the next stage.  Otherwise, Acas can provide arbitration in some circumstances.

Refusal to grant a request for flexible working can lead to liability under discrimination legislation (in some cases, even when on one or more of the valid reasons are given).

Furthermore, you have protection against being dismissed, selected for redundancy, victimised or subjected to any other detriment for asserting your right to apply for flexible working.

Read the article in full: https://www.theresilientmama.co.uk/blog/everything-you-need-to-know-about-asking-for-flexible-working