We frequently advise employees on their right to request flexible working. This is often requested by working parents or carers to enable them to better juggle work with family and care commitments.
We can support you in making a strong request and can advise you on challenging your employer if they refuse without good reason. In certain situations, you may have a discrimination claim, and we can work with you to pursue your claims.
Due to the impact of Covid-19 on the working environment for many people, with many people adopting remote working into their routine, there’s been a big increase in requests to transition to flexible hybrid working. We can help advise you on your rights, and how to make your own flexible working request.
Does my employer have to give me flexible working?
No, if you are an employee and have been with your employer for at least 26 weeks your employer is under a duty to consider your request for flexible working in a reasonable manner but not necessarily to agree it.
If an application is made your employer then has three months (which can be extended by agreement) to consider the request, discuss it with you and notify you of the outcome. They must consider the request in a reasonable manner and there are only eight statutory reasons for refusal.
How do I request flexible working hours?
You trigger the flexible working procedure by making a written request. Your employer may have a policy with recommended documentation which will encourage you to provide all the necessary information to proceed with the application.
You must then attend any meeting to discuss the request. A failure to attend without good reason on more than one occasion will mean that your request can be taken to have been withdrawn.
What should I say in a flexible working request?
Your application for a flexible working request must include the following:
Be in writing and be dated.
State that it is an application made under the statutory procedure.
Specify the change that the employee is seeking and when they wish the change to take effect.
Explain what effect, if any, the employee thinks the change would have on the employer and how any such effect could be dealt with.
State whether the employee has previously made an application to the employer and, if so, when.
If you have made any applications for flexible working previously, the dates of the earlier application should also be included. If you are making your request in relation to the Equality Act 2010, for example, as a reasonable adjustment for a disability, then you should state this.
Can I be refused flexible working hours?
Yes, the request can be refused but before this it must be considered in a reasonable manner. As an alternative to refusal, it may be accepted but with modifications or subject to a trial period. If it is refused the reasons for the refusal must be one of 8 statutory reasons and you can appeal the outcome.
What is a statutory request for flexible working?
The statutory request is the process triggered by a written application. If you qualify for the statutory protection (having been employed for 26 weeks) and state that your request is a formal request under the statutory process including the details outlined above it must be dealt with in a reasonable manner. If you have made an informal request which has been refused it is still open to you to pursue the formal statutory process.
How long do employers have to respond to a flexible working request?
The employers decision period is three months from the date of your request unless you agree a longer time period. You may want to agree a longer period if the change is subject to a trial period.
What reasons can an employer refuse flexible working?
A request can be refused if you are ineligible to make the claim. If for example you have not been employed for the 26 week period required or if you are not an employee. It can also be rejected if there is a technical flaw in the application or for one of 8 prescribed grounds.
The reasons of refusal for a flexible working request are as follows:
The burden of additional costs.
Detrimental effect on ability to meet customer demand.
Inability to reorganise work among existing staff.
Inability to recruit additional staff.
Detrimental impact on quality.
Detrimental impact on performance.
Insufficiency of work during the periods the employee proposes to work.
Planned structural changes.
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Speak to Julian Taylor HR, Employment Law Solicitors in Oxford to resolve your Flexible Working issue.
We’ve helped many employees to resolve flexible working issues, enabling them to get the best working environment for them. If you would like help resolving your flexible working issues then don’t hesitate to get in contact with us.