Flexible working
Discuss your flexible working rights with one of our employment solicitors
If you have 26 weeks’ continuous employment you have the right to request flexible working from your employer, even if you’re not a parent or carer. While your employer isn’t obligated to approve it, they must deal with it in a reasonable manner. If they fail to do so, you may be able to make a claim.
A refusal of flexible working could also give rise to a discrimination claim. For example, if a female employee asks to work flexibly to combine work and childcare, it may be an example of indirect sex discrimination if refused.
Our specialist team of flexible working solicitors have successfully represented both female and male clients who are making or have had flexible working applications refused. Get in touch today for our impartial flexible working advice and help starting a claim.
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Flexible working law
- According to the 2014 Flexible Working Regulations, anyone who has worked for the same employer for 26 weeks or more can apply for flexible working. An application must fulfil certain criteria which our team of flexible working solicitors can assist you in drafting.
You can also download a ‘right to request flexible working’ application form from the UK government website.
The legal process for flexible working applications
To be considered for flexible working, you must make a statutory application. This application must:
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Be in writing
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Be dated
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State that the request is being made under the statutory procedure
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Specify the changes you are seeking and when you want this to take effect
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State if you have made a previous request and when
It may help to include information about why you are requesting flexible working and how you think your employer can accommodate the changes. This further information will help you employer give the request proper consideration.
The ACAS website has a draft form that you can adapt https://www.acas.org.uk/.
If your request is refused it should be for one of the following statutory grounds:
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It will cost too much.
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The business won’t be able to meet customer demand.
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They cannot reorganise the work among other employees.
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They cannot hire more staff.
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It will negatively impact quality and/or performance.
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There isn’t enough work to do during the proposed new timings.
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There are planned structural changes to the business that will affect workforce.
Your application may also be refused if you are not eligible to make the request.
If your employer refuses the request, you can appeal their decision.
If your employer is unable to accept your request, they might propose an alternative. It is also possible for your employer to offer a trial period before accepting your request which should be recorded in writing.
Types of flexible working
There are different types of flexible working depending on your industry, role and the changes you want to see. This can include:
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Working from home – you do some or all your work from a different location, such as a home office.
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Compressed hours – you work the same number of hours but across fewer days.
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Flexitime – you choose when you start and finish work. Usually this is before 10am and after 4pm.
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Job share – two people share one role and split the hours between them.
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Part-time – you reduce your weekly hours or days of working.
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Staggered hours – you start, break and finish at different times to your colleagues.
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Phased retirement – you start reducing your hours slowly, eventually phasing out at retirement age.
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Term-time – you have a block of time off to spend school holidays with your children.
How to make a flexible working claim
If you believe your flexible working request was unfairly refused, you could claim against your employer. This includes instances where your employer:
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Failed to respond to your request in the allotted time.
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Didn’t follow the statutory procedures for your application e.g., refused your application for a reason which is not one of the statutory grounds.
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Dismissed your request without good reason – this can often fall under discrimination.
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Refused to offer you a pay rise or promotion because you requested flexible working – another possible example of discrimination.
Before making a flexible working claim, it’s beneficial to try and resolve the situation with your employer. This may include asking for an appeal and holding a meeting to see if a compromise can be met.
You should also gather any evidence to support your claim, such as emails between yourself and your employer. When you’re ready, get in touch with our team at Leigh Day to discuss your case and the best way forward.
We can help clients challenge flexible working refusals to encourage employers to change their decisions and maintain the working relationship. If that’s not possible, we can advise you on whether the refusal was unlawful and how best to secure compensation.
Flexible working FAQs
Flexible working describes any work pattern that differs to your current one or the standard model of the company. This could be reducing your hours, changing the days you work or working from a different location.
For flexible working approval, you need to make a formal request to your employer.
No. Once your employer agrees to your flexible working request, your contract will be changed to reflect your new working pattern. They need to gain your consent to legally change your flexible working arrangement.
Any employee can apply for flexible working from their first day of employment. It doesn’t matter if you’re a parent, carer, returning from maternity leave or just want more flexibility.
Your request must be submitted as a statutory application, and you can only make two requests in any 12-month period.
Yes, but only if they have a good reason. This may include any costs to the business, quality of work produced and limitations on recruitment.
Your employer cannot discriminate when deciding. If you feel your request was handled unfairly, you might be able to make a claim against your employer.
A flexible working agreement is permanent, meaning it will last the same length of time as your employee contract. It cannot be changed or reversed without coming to another formal agreement with your employer.
In some cases, your employer may approve your flexible working request on a trial basis – this would be classed as a temporary agreement.
Three months, less a day. This is usually from the date when you were notified of your employers’ decision although our solicitors will advise you of any limitations which apply upon reviewing your matter. If you think you may have a claim, you should get in touch with us as soon as possible.