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Flexible working legislation was introduced into UK Law in 2014 and it is a way of working around your needs – such as your home life.

Employees can make a flexible working request, also known as a statutory request, provided that they have been employed by their employer for at least 26 weeks. This is not an exclusive right to parents or carers and anyone can make a flexible working request.

Making a flexible working request

When making the request, you must ensure that you do so in writing including the following information:

  • the date;
  • confirming that this is a statutory request;
  • how you expect to work flexibly;
  • when you would like to start working flexibly; and
  • how you think your flexible working might affect the business and how you propose that it be dealt with.
You should bear in mind that an employee can only make one application in any 12 months’ period. This means that you should make sure that your request maximises your chances of it being accepted and you should also state in the application if and when you last made an application for flexible working.

You should also state what type of flexible working you are requesting. The different types include:

  • part time;
  • working from home;
  • job-sharing (i.e. two people doing the job of one person by splitting the hours);
  • changing working patterns (e.g. working 10am to 6pm instead of 9am to 5pm);
  • compressed hours (i.e. working the same number of hours but over less number of days);
  • annualised hours (i.e. there aren’t necessarily set working hours but there is an annual number of hours that you should work); and
  • phased retirement (i.e. older employees can reduce their hours and when they want to retire as there is no longer a compulsory retirement age).

What’s next?

After you have made your request, your employer has 3 months to consider whether to grant it. This means that you should make the request as soon as possible before you wish to start working flexibly. For example, if you are returning from maternity leave, you would want to consider making the request at least 3 months before your expected return to work date.

The decision

Your employer may accept or reject your request, following due consideration and a process that may even require a meeting with you. Either way, you will be notified of the decision in writing.

If the request for flexible working is accepted, they will let you know what arrangements will be put in place to accommodate the new flexibility. Your contract of employment should also be amended to reflect those changes within 28 days of the acceptance of your request.

Your employer can only reject your request for legitimate business reasons such as:

  • the work not being capable of being redistributed between the other staff;
  • other people cannot be recruited to do the work (e.g. for job share flexibility);
  • there will be additional costs that could be adverse for the business;
  • that the business will be unable to meet customers’ demands; or
  • there is no enough work to do during the proposed hours.

Appeal

You can appeal the decision if you are not happy with the outcome, and in this you must follow your employer’s procedures in that regard.

If the appeal still does not achieve your desired outcome, you could take this to the employment tribunal. However, please do bear in mind that you should only do so if the process was not handled properly by the employer at any stage or that you were mistreated as a result of making the request.

Flexible Working FAQs

What is flexible working?
Flexible working refers to any work schedule that differs from the regular full-time hours or location. It can include part-time work, flexitime, job sharing, working from home, or compressed hours.
Who is eligible to request flexible working?
Generally, employees with a certain length of service may have the legal right to request flexible working.
How do I make a request for flexible working?

You will need to check your Employer’s Staff Handbook or Policies in place but usually, a formal written request is made to the employer, outlining the desired working pattern and how it might be accommodated. Employers are often required to respond within a certain time frame and follow a reasonable process. Under current legislation, the time frame is three months.

Can my employer refuse a flexible working request?
Yes, employers can refuse a request, but they must have a sound business reason for doing so. The refusal must be consistent with employment laws and regulations. There are eight statutory grounds for refusing a flexible working request such as shouldering the burden of additional costs, having detrimental effect on ability to meet customer demand and an inability to reorganise work among existing staff.
What if my flexible working request is denied unfairly?
If you believe your request was denied without a valid reason, you may be able to take further action, such as filing a grievance with your employer or seeking legal advice from an employment solicitor.
What are the new changes to flexible working laws in the UK?
The Employment Relations (Flexible Working) Bill received its Royal Assent on 20 July 2023. The new rules will likely come into effect in 2024, allowing employees to be able to make two flexible working requests in each 12-month period, and employers must respond to the request within two months.
How does the new law impact my right to request flexible working?
The proposed changes aim to make flexible working more accessible by allowing employees to request it from the start of their employment rather than after an employee has worked at a company for 26 weeks. This would make it easier for more employees to explore flexible work options.
Must my employer consult with me before turning down my flexible working request, and what does this consultation entail?
Under the current rules no, but this will change with the new changes. Employers may be required to consult with employees before refusing a flexible working request. This consultation would typically involve discussing the request with the employee, understanding their needs, and exploring alternative solutions if the original request cannot be accommodated. It encourages open communication and allows both parties to explore the possibility of finding a mutually agreeable solution. The exact requirements for consultation may vary, so seeking legal advice or referring to official guidance would be advisable for both employers and employees.
Under the new changes to flexible working laws, am I still required to explain how my request might impact my employer?
No, under the new changes to flexible working laws, employees are no longer required to outline how their request might impact the employer. This change aims to simplify the process for employees and make flexible working more accessible. However, it may still be beneficial for both parties to discuss and understand the potential implications of the request. As always, consult with an employment solicitor or refer to the official government guidelines for the most accurate and current information on this subject.
What do employers need to do to prepare for the new changes to flexible working laws, and how should they update their policies?
Ahead of the new changes to flexible working laws, employers should review and update their existing policies to ensure compliance with the new regulations. This includes reassessing how flexible working requests are handled and removing any requirements that may no longer be applicable, such as the need for employees to outline how their request might impact the employer.

Employers should also consider providing training for management and HR professionals to ensure they understand the new legal obligations. Collaborating with an employment solicitor to review and update policies can help ensure that they accurately reflect the new legal landscape and protect both the employer and employee rights.

Get in touch with our employment law solicitors in Chelmsford

If you want to find out more about the services we can offer you, please feel free to get in touch with our employment law solicitors in Chelmsford.

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We’ve handled just about every kind of employment issue for senior executives, junior employees and everyone in between.

We’ve handled just about every kind of employment issue for senior executives, junior employees and everyone in between.

Our Employment Law experts

Alexandra Dean
Partner
Nadia Fabri
Associate Solicitor
Karen Fresle
Legal Secretary
Jemma Bennett
Senior Paralegal
Josh Fresle
Trainee Solicitor
Alexandra Dean
Partner
Jemma Bennett
Senior Paralegal
Nadia Fabri
Associate Solicitor
Josh Fresle
Trainee Solicitor
Karen Fresle
Legal Secretary

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