Can I stop flexible working if it is not in my business interests: ask the expert

Can I withdraw from a flexible working agreement if it is no longer in my business’s interests?

Unless agreed otherwise, the agreement forms a permanent change to your employee’s contract. You would need your employee’s agreement to change it.

However, many employers do change terms and conditions and if you do want to change the terms of any employee’s contract the best way is to do this is to talk with them and seek their agreement to the change. If your employee agrees get this documented in writing. If you can’t get agreement and you impose a change on an employee, remember that potentially the change could be a breach of contract entitling the employee to resign and claim they have been unfairly constructively dismissed.

For some employees they may also have a discrimination claim, for example, a woman might be able to show that the change was indirect sex discrimination.

 





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