Commentary on Sections Part 9 – Right to Request Flexible Working Section 132: Dealing with applications
696.This section deals with changes to the procedure which employers must follow when dealing with a flexible working request.
697.Subsection (2) amends section 80G of the ERA to remove the requirement on employers to follow a statutory procedure when considering flexible working requests. This procedure is currently set out in the Flexible Working (Procedural Requirements) Regulations 2002 (S.I. 2002/3207). These regulations will be revoked. In place of this, subsection (2) introduces a duty on employers to consider requests in a reasonable manner.
698.Subsection (2) also amends section 80G to introduce a requirement on the employer to notify the employee of its decision within a certain period of time. Subsection (3) provides that the employer must give its decision within 3 months beginning on the date that the application is made. This period can be extended by agreement between the employer and employee.
699.Subsection (4) sets out the circumstances in which the employer can treat a flexible working request as withdrawn. They are where an employee fails to attend two consecutive meetings to discuss the request or an appeal with their employer without good reason.