Can a Flexible Working Request Be Reversed?

In the current climate, we are hearing more and more how people are feeling the financial strain and the need to increase hours due to the cost of living, so in this article employment law specialist Katie Ash from Banner Jones talks you through the process of can a flexible working request be reversed.

Can a flexible working request be reversed or withdrawn?

Author Katie Ash, Head of Employment Law, Banner Jones Solicitors and Abbie Coleman MMB Magazine

Can a flexible working request be reversed – We have covered many questions about the types of flexible work arrangements, flexible working agreements, remote working arrangements and appeal meetings. Especially around staff members returning from maternity leave or, parental leave, including job sharing, and job share requests around child care needs for both employers and employees. Now we cover what should usually be included if you grant the request within a flexible working request decision letter. Is this a permanent change? Can a flexible working request be reversed? What is the guidance and best course of action in line with any flexible working policy or the employment contract, when you are asked, can a flexible working request be reversed ?

In the current climate, we hear more and more about how people are feeling the financial strain and the need to increase hours due to the cost of living, so in this article, employment law specialist Katie Ash from Banner Jones talks you through the process of reversing a flexible working request as an employer and why this a request to change a flexible working arrangement might now be heading to you or your management team from your flexibly working employees for your office space.

Can an employee withdraw a flexible working request?

We are all aware that the war in Ukraine and the cost-of-living crisis we face have led to ​rising fuel costs that mean many remote workers will feel forced back to the office due to personal circumstances this winter to keep their energy costs down at home. 

What if the employer or employee has changed the contract? What if the place of work is now the employee’s home address? Or what if the employer has given up space and needs more room to accommodate all employees every working day?

If the employee’s contract has been changed, the employee has no right to work from the employer’s premises. Although the contract might say they are still expected to attend the workplace for meetings, they won’t be able to complain when the employer asks them to abide by the contract terms and work from home. That doesn’t mean to say that a reasonable employer shouldn’t try to work with their employees and be sympathetic to any personal needs and struggles that an employee may be facing. If and employer can accommodate the employee in the workplace, then they should do so and act in ​a reasonable manner. Acting unreasonably, even where there might be a contractual basis to do so, may harm employee relations and, in the most extreme circumstances, could lead to grievances, resignations, and potential Employment Tribunal claims for unfair constructive dismissal. This all takes up valuable time (and money) that could be spent on the business.

What should I do if an employee says they are concerned about the financial impact of working from home and wish to reverse the formal flexible working request / flexible working pattern?

If an employee is concerned about the impact of the cost-of-living crisis in the longer term and wants to reverse a flexible working request, then they could make a further application to change the workplace location back to the employer’s place of business, either on a full-time basis or to increase the number of days that attendance at the workplace is required. An employer will need to ensure that they follow the statutory procedure when dealing with any such application and should remember to follow the ACAS Code of Practice.

A key point for employer’s to remember is that there are only eight permissible reasons for turning down a flexible working request. The eight permissible reasons are:

· the burden of additional costs

· detrimental effect on the ability to meet customer demand

· inability to reorganise work among existing staff

· inability to recruit additional staff

· detrimental impact on quality

· detrimental impact on performance

· insufficiency of work during the proposed periods of work

· planned structural changes

We no longer have the same size office; where do we stand on an employee’s request to return to the office? We don’t have space for everyone.

Katie Ash: One of the more significant challenges an employer could face is their ability to accommodate remote working team members who want to come into the office more. Employers may have changed their workspace based on flexible working patterns and have downsized accordingly. An employer who faces an influx of flexible working requests – whether formal or informal – from staff members who want to work in the office more might need to consider creative ways to make their space work, possibly looking at a hybrid working arrangement.  Whilst it may be possible to turn down the request based on one of the permissible reasons, employers must follow the statutory process and ACAS Code of Practice and must still act reasonably. Potentially, an  employer  who can’t accommodate the request might want to think about other ways in which the employee’s  accommodated. needs and the business’ needs can be accommodated.  

There are various ways in which hybrid working can be structured, and some examples include: 

1. A flexible remote work schedule where an employee may work from home for two days a week and then come into the office for three days a week. This can provide a good balance between work and personal life and also reduce commuting time and expenses. 

2. Another option is the opposite of the first example: an employee may work in the office for three days a week and then work from home for two days a week. This type of arrangement can be particularly beneficial for employees who prefer to work in a structured office environment for part of the week and then enjoy the flexibility of working from home for the rest of the week. 

3. Some companies have implemented a “core hours” system. This system requires all employees to be in the office during certain hours of the day, but allows them to work from home outside of those hours. This type of arrangement can provide a balance between needing employees to be present in the office for face-to-face meetings and allowing them the flexibility to work from home when it suits them.

4. Hot desking is a type of office arrangement where employees do not have a fixed desk or workspace. Instead, they can choose any available desk or workspace in the office. This type of arrangement is often used in conjunction with hybrid working arrangements, as it allows for greater flexibility and efficient use of office space.

5.  Flexitime – employees are free to choose their own work hours as long as they complete a set number of hours per week or month. 

6. Compressed work week – employees work longer hours over fewer days, such as four 10-hour days instead of five 8-hour days as a work pattern. 

7. Staggered hours – employees’ start and finish times are staggered at different times to avoid office overcrowding and to accommodate different schedules. 

8. Co-working spaces – companies rent shared office space for their employees, allowing for greater flexibility and access to a wider range of resources. 

9. Virtual offices – companies operate entirely online, with employees working from their own homes or remote locations.

Managing Remote teams

Managing remote teams can be challenging, but it can be done successfully with the right strategies and tools. Here are some tips to help you manage your remote team effectively: 

1. Set clear expectations: Ensure your team knows what is expected of them and establish clear communication channels. 

2. Use collaboration tools: Use tools like video conferencing, chat apps, and project management software to keep your team on track. 

3. Foster a positive team culture: Encourage team-building activities, recognise achievements, and provide opportunities for professional development. 

4. Trust your team: Give your team autonomy to accomplish their tasks and avoid micromanaging. 

5. Provide feedback: Regularly provide feedback to your team members to help them improve and grow in their roles. Following these tips, you can successfully manage your remote team and ensure everyone works together towards a common goal.

Are there other possible alternatives we could look at for employees?

The more workers that return to the workplace, the more the energy bills of the employer will increase, which is something that employers will also need to manage and budget for. Employers who do not have space to bring remote workers back into the workplace could consider giving an additional cost of living allowance to allow employees to stay working from home. Still, such arrangements should be rolled out fairly to all workers so as not to discriminate and cause further issues.

For any guidance on can a flexible working request be reversed or further questions about a flexible working request and flexible working arrangement, along with treating staff fairly, our team is here to help with legal advice.

Further sources of help around can a flexible working request be reversed

ACAS Code Of Practice

The ACAS Code of Practice provides useful guidance for employers dealing with flexible working requests from their remote team members including around can a flexible working request be reversed. By following the guidelines outlined in this code, you can ensure that you are handling these requests fairly and in accordance with the law. Some key points to keep in mind include considering requests on a case-by-case basis, responding to requests in a timely manner, and providing detailed explanations for any refusals. Using the ACAS Code of Practice as a guideline, you can create a positive and productive working environment for your remote team. Acas code of practice website

The Equality Act

The Equality Act attempted to strike reasonable balances between the rights of people with nine different protected characteristics. The Equality Act link for more information

Read more with MMB Magazine to find out about how to find the right flexible work arrangement for your business.

We hope this article helped answer your questions around, can a flexible working request be reversed.

As always, please contact us if you have any more questions about whether a flexible working request can be reversed.

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