SMEs urged to carefully manage flexible working requests

Small businesses are being warned to carefully manage requests from staff for flexible working as they adapt to the post-pandemic world.

Sara Abbott from the Sutton Coldfield-based HR Dept North Birmingham has issued the advice at a time when many companies are bringing staff back into the office on a full-time basis or adopting a hybrid working system.

Sarah says that employees with 26 weeks ' service have the right to request flexible working.

And, while there is no obligation to grant it, she warned the companies risk being accused of discrimination if they don 't consider requests carefully and fairly.

Sara said: “It is essential to judge any case on its own merits, making sure your decision is underpinned by business reasons and documented in writing.

“Be careful of the discrimination risk. Granting flexible working to one person and not another (without good reason) is one risk.

“A heightened risk is not properly considering a request which is based on a protected characteristic like sex, age or maternity and pregnancy.

“One tribunal in 2021 awarded an employee £185,000 for indirect sex discrimination when her flexible working request was not properly considered.

“Reacting appropriately to requests is a minimum. As we (hopefully) enter the post-Covid landscape, it would be advantageous to think proactively and strategically about flexible working.

“If it is something you can offer, create a policy that describes how it will work for your business. This may include why it is possible for some roles and not others.

“By the same measure, if it simply won 't work for your business, explain the reasons.

“If you do adopt significant changes to your working practices, it is also important to review your employment contracts and handbook, which may require consultation. ”

HR expert Sara says firms must also be aware that some staff are likely to be anxious about the issue of Covid-19.

She added: “Some people may have acute anxiety about returning to the workplace, for which problem home working is the most practical solution.

“What about when someone tests positive and needs to isolate? Having a Covid isolation aspect to the policy should reassure your healthy staff, whilst providing a process for people to work remotely if they are able to.

“This avoids sick days, boosting your productivity. ”

For enquiries on this topic, please contact Sara Abbott from The HR Dept, at [email protected].