Can employers refuse a request for home working?
Following the COVID-19 pandemic which forced employers to change the way their employees worked, remote working has become the norm for many businesses. While this has led to benefits such as reduced overheads and increased recruitment opportunities, it has also raised questions about whether employers can refuse requests for home working.
Under the current law, an employer can refuse a request for home working or, indeed, any flexible working request but only for one or more of eight reasons outlined in the legislation. These include the burden of additional costs, detrimental effect on customer demand and quality, and insufficiency of work during the periods the employee proposes to work. If the employer considers that one of these reasons applies, then they can refuse the request, and the employee would have no right to challenge the decision unless the employer's view is based on incorrect facts.
However, with more now employees expecting to work from home post-pandemic, employers could face multiple requests across their workforce. If employers refuse these requests without a valid reason, they could face claims in the employment tribunal, including claims for constructive dismissal and discrimination.
Therefore, it is essential that employers understand their obligations under employment law and plan ahead to deal with working from home requests. It may be helpful to provide clear guidance to employees on the grounds for refusing a request and to ensure that decisions are consistent across the workforce.
Employers should also consider the benefits of home working, including increased flexibility, reduced travel time and costs, and improved work-life balance for employees. This may help to attract and retain talented employees and create a more engaged workforce.
However, it is important to note that while home working may be suitable for some roles, it may not be suitable for others. Employers must consider the individual circumstances of each request and assess whether home working is feasible and suitable for the role in question.
Employment law is constantly evolving, and employers must stay up-to-date with the latest developments to ensure compliance and avoid legal issues. Seeking advice from a specialist employment law solicitor can help employers understand their legal obligations and make informed decisions when dealing with home working requests.
In conclusion, remote working has become the new normal for many businesses, and employers must be prepared to deal with requests for home working. While employers can refuse requests for valid reasons, they should also consider the benefits of home working and assess each request on an individual basis. Seeking legal advice can help employers navigate the complex landscape of employment law and avoid legal issues.
