26 July 2021
An increasing number of firms are seeking legal advice on how to handle more requests for flexible working amid Scotland’s move to Level Zero in its coronavirus recovery. Although the move to Level Zero across the country on July 19 focussed the minds of many on how they would prefer to work, staff may be wise holding off a little longer before making requests to bosses to allow the wider workplace picture to become clearer.
Among the types of requests companies are receiving are for home working arrangements as a result of Covid-19 being made permanent, a hybrid of home and office working, as well as compressed hours and term-time working.
Ben Doherty, Partner and Head of our Employment law team said: “We are seeing an increase in clients getting requests for flexible working - and I think the number of those will increase further as the current arrangements come to an end.
“My view is that many of those requests are premature. Some employees would be better placed to see what happens at Level Zero - and how long that lasts - before making a request.
“I suspect most employers at the moment are not fully clear on what they're going to be able to do moving forward - and might make it more likely that they could refuse those requests if made currently, rather than when there’s more of a solid foundation to base decisions on.
“The counterbalance to that is that, from an employee’s point of view, there’s something to be said for getting your request in first.”
Requests for flexible working are coming from male and female employees, many of whom are looking to gain back time they previously spent travelling to and from an office, as well as for family and childcare reasons.
Level Zero advice in Scotland states that , while people can return to offices in a limited and phased way - working in line with Covid-19 guidance, people should continue to work from home wherever practical to do so.
A few points to note include:
- Only employees with more than 26 weeks’ service have a legal right to make a flexible working request.
- Just one request a year can be made.
- Employers must meet with the staff member to discuss this and notify them of a decision within three months.
- If employers refuse such a request, they must make their reasons for doing so clear.
- A misconception among many is that because one request is granted others must be too.
Ben added: “Employment law states employers have to deal with requests in the order that they are made. The fact that you have said yes to request one actually makes it easier to say no to any subsequent request because there’s less flexibility in the system. It does not create a precedent.
“One thing that’s for sure, though, is flexible working is going to be an even greater feature of our working world - and that, for employers, being flexible is going to be important if they are to retain good staff. A proactive approach now may pay off in the long run.”
