Flexible Working Request Governance.
Flexible Working Request Governance
1. Concept and Scope of Flexible Working Governance
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Flexible working request governance refers to the legal and procedural framework governing how employees request changes to their working arrangements and how employers must consider, assess, and respond to such requests.
Flexible working may include:
Remote or hybrid work
Part-time schedules
Job sharing
Compressed hours
Flexible start and finish times
This area lies at the intersection of:
Employment law
Equality and anti-discrimination law
Human resource governance
Workplace policy regulation
2. Statutory Framework
(A) United Kingdom
Employment Rights Act 1996 (as amended)
Flexible Working Regulations 2014
Right to request flexible working (expanded under recent reforms)
Employers must:
Consider requests in a reasonable manner
Respond within statutory timeframes
Provide valid business reasons for refusal
(B) India
While India lacks a comprehensive statutory right to flexible working:
Provisions arise under labour codes, company policies, and judicial interpretation
IT and service sectors widely implement flexible arrangements contractually
Anti-discrimination protections (e.g., maternity protections) indirectly support flexibility
3. Grounds for Refusal (UK Model)
Employers may refuse requests based on:
Burden of additional costs
Detrimental impact on performance or quality
Inability to reorganize work
Insufficient work during proposed hours
However, refusals must be:
Genuine
Evidence-based
Non-discriminatory
4. Core Legal Principles
(i) Reasonableness and Procedural Fairness
Employers must follow a fair process and genuinely consider requests.
(ii) Indirect Discrimination
Refusal of flexible work may disproportionately affect:
Women (childcare responsibilities)
Disabled employees
(iii) Duty to Make Reasonable Adjustments
Under disability law, employers may be required to allow flexible arrangements.
(iv) Good Faith and Transparency
Decisions must not be arbitrary or pretextual.
5. Key Case Laws (At Least 6)
1. British Airways plc v Starmer
Principle: Indirect sex discrimination
Facts: Female pilot requested part-time work after maternity leave; employer refused.
Held: Refusal was discriminatory.
Impact: Landmark case linking flexible working to gender equality.
2. Commotion Ltd v Rutty
Principle: Procedural fairness
Relevance: Employers must properly assess flexible working requests.
Impact: Failure to follow procedure may lead to tribunal liability.
3. Home Office v Holmes
Principle: Indirect discrimination through rigid working hours
Relevance: Fixed schedules may disadvantage women.
Impact: Forms doctrinal basis for flexible working rights.
4. London Underground Ltd v Edwards (No 2)
Principle: Shift patterns and discrimination
Relevance: Work schedules incompatible with childcare responsibilities.
Impact: Employers must justify rigid scheduling policies.
5. Archibald v Fife Council
Principle: Reasonable adjustments for disability
Relevance: Flexible working may be required as an adjustment.
Impact: Expands employer obligations beyond standard requests.
6. Hinsley v Chief Constable of West Mercia Police
Principle: Fair treatment in flexible arrangements
Relevance: Ensures equitable handling of flexible work requests.
Impact: Reinforces non-arbitrary decision-making.
7. Meenakshi v Metadin Agarwal Industries
Principle: Gender fairness in employment conditions
Relevance: Indian courts recognize workplace policies impacting women.
Impact: Supports flexible arrangements indirectly through equality norms.
8. Air India v Nergesh Meerza
Principle: Gender discrimination in employment conditions
Relevance: Policies affecting women’s working conditions must be reasonable.
Impact: Influences flexible working discourse in India.
6. Governance Process for Handling Requests
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A typical compliant process includes:
Submission of Request
Written application specifying desired change
Employer Review
Assessment of business impact
Consultation Meeting
Discussion with employee
Decision and Communication
Approval or reasoned refusal
Appeal Mechanism
Opportunity to challenge decision
7. Risks and Liability for Employers
Employment tribunal claims
Discrimination lawsuits
Reputational harm
Employee disengagement and attrition
8. Emerging Trends
(i) Post-Pandemic Hybrid Work
Flexible working is becoming the default expectation rather than an exception.
(ii) “Day-One” Rights (UK Reform)
Employees can request flexible work from the start of employment.
(iii) Technology-Driven Flexibility
Remote tools enabling:
Global teams
Asynchronous work
(iv) Work-Life Balance Policies
Increased emphasis on mental health and productivity.
9. Conclusion
Flexible working request governance represents a modern evolution of employment law, balancing:
Business efficiency
Employee autonomy
Equality and inclusion
Courts and regulators increasingly:
Scrutinize refusals
Emphasize fairness and transparency
Link flexibility with anti-discrimination principles
Employers must therefore adopt structured, evidence-based, and equitable processes to manage flexible working requests effectively.
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