Rise in flexible working employment disputes in the past year
- Increase in disputes despite widespread shift to hybrid working
- Disputes likely linked to disagreements about when and how often employees need to be in the office
The number of disputes between employees and employers relating to flexible working requests has continued to rise, shows research by Littler UK, a leading specialist employment law firm.
190 employment tribunal cases (which reached “decision” stage) relating to ‘flexible working’ were heard in 2021-22*, a small increase from 186 the previous year.
Sophie Vanhegan, Partner at Littler UK explains that the continued increase in disputes may stem from disagreements between employers and employees over how many and on which days employees are required to be in the office, as employers have firmed up their post-covid hybrid working practices.
Sophie Vanhegan says the increase in the number of cases is surprising, given how many businesses have switched to hybrid working models, affording employees greater opportunities for flexible working.
Some employers have chosen to make attendance in the office mandatory on set days of the week, in order to facilitate team-building and greater collaboration. However, some employees are resistant to this, having been given greater choice on which days to come in when lockdown measures were first relaxed, and pushing back on managers.
These disagreements may result in claims being brought to the Employment Tribunals as standalone claims under the flexible working regime (for example to challenge if the employer hasn’t dealt with their request in a reasonable manner) or as part of claims of discrimination or constructive dismissal. Employees with caring requirements and those with health conditions have traditionally represented a larger proportion of claimants in these types of cases.
Sophie Vanhegan says: “The continued rise in employment disputes related to flexible working suggests employees and employers are still finding it tricky to agree on flexible working arrangements.”
“Although many businesses have listened to their employees and implemented hybrid-working models, in some cases it’s proven difficult to find a balance that works for everyone.”
Littler UK says employers should agree to a flexible-working request on a trial basis, rather than reject it outright, to help maintain a positive employer-worker relationship. If the trial is unsuccessful, the employer will have evidence to support their refusal of a flexible working request and will also be able to demonstrate that they gave the request proper consideration.
*Year end 31st August 2022
Tribunal cases related to ‘flexible working’ hit record high
This story was covered in Bloomberg, the Daily Mail and HR News.
