We often find that there is a clash of approach between employers and the law when it comes to flexible working requests.
Many employers will start from a position of; "why should we grant this request?"
However, where refusal of a flexible working request indirectly discriminates against an employee in relation to a protected characteristic, employment tribunal judges will expect employers to explain in detail the reasons for refusing the request ("why shouldn't you?").
This is a subtle but important difference in thinking and we would urge all employers receiving a flexible working request to consider it with an open mind.
Employees’ desire for flexible working far exceeds companies’ capacity to offer it, a report published today has found. According to the new study, from recruitment, analysis and consultancy firm Timewise, less than one in 10 jobs paying at least £20,000 full-time equivalent are advertised as being open to flexible working options. This has left the jobs market lagging behind the aspirations of workers in full-time non-flexible hours jobs, 64% of whom, found the report, would prefer to work flexibly.