Flexible Working

Flexible working rights. Legal support and guidance.

Understanding your rights around flexible working is crucial in today’s evolving workplace. Whether you’re considering requesting changes to your working hours, location or schedule, our employment law team can help you navigate the legislation with confidence.

What kind of change can be applied for?

Since 6 April 2024, the right to make a request for flexible working has been extended to ALL employees.

An employee may request a change to their employment terms if the change relates to:

  • A change to the hours they work; and/or
  • A change to the times when they are required to work; and/or
  • A change to their place of work (as between their home and any of the employer’s workplaces)

What’s the process?

If an employee wishes to exercise a right to make a flexible working request they must submit their request in writing. The employer then has a two-month period (which can be extended by agreement) within which to consider the request, consult with the employee (if necessary) and notify the employee of the outcome.

The employer must also deal with the application in a reasonable manner and can only refuse a request for one (or more) of the eight reasons set out in the legislation namely:

  • 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

If the request is refused you can complain to a tribunal if the employer:

  • fails to deal with the request in a reasonable manner
  • fails to notify you of the decision on their request within the two month period
  • fails to rely on one of the statutory grounds listed above when refusing your request
  • bases its decision on incorrect facts

In some circumstances refusal of a flexible working request may also amount to unlawful discrimination.

How often can you make a flexible working request?

Employees can make two requests in any 12-month period.

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