Flexible Working Requests - What are your obligations?
According to the Workingmums Annual Survey, over 25% of working mothers have had their requests for flexible working refused by their employers.
The survey also suggests that almost one in five working mothers have been forced to leave their jobs because a flexible working request has been declined.
Of the 2,000 plus women surveyed, other notable findings include:
- 12% felt their employer did not consider their request properly
- 79% did not appeal their employers decision to deny flexible working
- 68% of those who were on maternity leave and had a flexible working request refused believed it was not justified
- 41% of those on maternity leave said a refusal to accommodate flexible working would mean they wouldn’t return to their job after the leave period ended
- 22% of those who were on maternity leave had had their flexible working requests refused before returning to work
- 59% said they felt they had to work harder to overcome unconscious bias against working mums and flexible workers
Offering flexible hours for full time jobs was also rated highest (80%) when Workingmums asked both working and non-working parents what factors they thought made a family friendly company.
Following the findings of this latest survey, Workingmums believe that working mothers require better education about their right to request flexible working and it is now urging policy makers to reinstate a statutory right of appeal where flexible working requests are refused.
Best Practice
All employees with at least 26 weeks' continuous employment have the right to request flexible working. Employers have a duty to act reasonably in responding to such requests and should have a legitimate business reason for any refusal.
Some recent cases have emphasised that there are limits to flexible working requests where such requests would result in a detrimental effect on the business. In some cases, it may be reasonable for an employer to put its own interests above those of the employee making the request. However, employers should still take any requests for flexible working seriously. If it is necessary to refuse a request an employer should ensure that the refusal can be objectively justified, rather than simply being a matter of convenience.