Legal action | Huge rise in staff suing firms who block flexible work requests

The number of Employment Tribunals relating to flexible working has increased by a whopping 52%. There were 193 in 2021, according to new data seen by City AM, as workers took action against employers who'd turned down their flexible working requests. City AM reports that this is the highest number on record.

In many ways, this seems to be going against the current zeitgeist - ‘flexible working’ has become something of a business buzzword, with a growing number of employers offering flexible working in bid to attract and retain talent. Indeed, many companies have embraced it enthusiastically, claiming that it improves productivity, reduces absence rates, and provides positive physical and mental benefits for employees.

However, in other companies, it’s a different story. Sophie Vanhegan, Partner at GQ|Littler, told City AM that the issue of flexible working “is becoming a battleground within some businesses” as some workers are resisting bosses’ efforts to get them back into the office as COVID restrictions ease. Others – perhaps those who’ve realised the benefits of flexible working during the pandemic - wish to introduce more flexibility into their roles.

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There are eight reasons that an employer can give for turning down a flexible working request, according to guidance published by ACAS. These include “the burden of additional cost”, “an inability to reorganise work among existing staff”, “an inability to recruit additional staff”, “a detrimental impact on quality”, “insufficient work for the period the employee proposes to work” and “planned structural changes to the business”.