Flexible Working

Our Flexible Working page provides useful advice on submitting a request and what to do if you have been denied flexible working after submitting such a request.

Danielle Wright

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All employees who have 26 weeks' service will be able to submit a flexible working request. Agency workers do not have the right to make a statutory request.

You are limited to one formal application every 12 months.

How should I make the request?

There is a statutory procedure set out in the legislation. You must make the request in writing, setting out:

  • What changes you require to your working conditions, and when you would like the change to come into effect.
  • What effect you think the change would have on your employer and how, in your opinion, any such effect might be dealt with.
  • That this is a statutory request and whether you have made a previous application for flexible working, and if so, the date of that application.

However, as you are limited to one statutory request for flexible working each year, it may be better to see if your request can be accommodated informally first.

How should my employer deal with my request?

Employers are required to consider requests objectively and in a "reasonable manner". They must notify you of their decision within 3 months of the request being made, unless an extension is agreed.

Problems arise when the flexibility you need as a mother, father or carer does not always correspond with what your employer requires of you as an employee. You employer can only reject your request on one or more of the following grounds.

  • the burden of additional costs
  • a detrimental effect on an ability to meet customer demand
  • an inability to re-organise work among existing staff
  • an inability to recruit additional staff
  • a detrimental impact on quality
  • a detrimental impact on performance
  • insufficient work during the period you want to work
  • planned structural changes

If your request is rejected, we can help you challenge the decision.

Claim Questionnaire

We are here to help

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Email us at email@SpencersSolicitors.com

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