3 things you need to know about flexible working requests

3 things you need to know about flexible working requests

The Flexible Working Regulations 2014 amended the Employment Rights Act 1996 and govern statutory flexible working requests. The statutory process is supplemented by the Statutory Code of Practice: Handling in a reasonable manner requests to work flexibly.

(1)  Who can make a flexible working request?

Only employees have a statutory right to request flexible working.

The right does not apply to self-employed contractors, consultants or agency workers. There is no automatic right to be granted flexible working.

To be eligible to make a statutory request flexible working, you must:

• be an employee
• have 26 weeks’ continuous employment at the date the request is made
• not have made a request in the previous 12 months.

(2)  What are the requirements for making a valid flexible working request?

A statutory request for flexible working must:

• be in writing
• be dated
• state that it is a statutory request
• specify the change that you are seeking and when you wish the change to take effect
• explain what effect, if any, you think the change will have on your employer and how any such effect could be dealt with
• state whether you have previously made a statutory request for flexible working to your employer and, if so, when.

(3)  How should an employer deal with a flexible working request?

On receipt of a flexible working request under the statutory process, your employer must:

• deal with the request in a reasonable manner
• hold a meeting with you to discuss the request
• allow you to be accompanied to the meeting
• allow you the opportunity to appeal its decision
• notify you of its decision, including any appeal within 3 months of the request (unless otherwise agreed with you).

Your employer can only refuse your request for flexible working on one or more of the statutory grounds:

• 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 your employer does not act reasonably in dealing with your flexible working request, you make have grounds to bring a claim for constructive unfair dismissal. You should seek legal advice before taking any action as soon as possible.

Comment

On 5 December 2022, the government announced that the right to request flexible working will be extended to all employees from day one of employment. This is a part of a package of measures contained in the Employment Relations (Flexible Working) Bill on 15 June 2022.

See our blog - 3 things you need to know about changes to employment law 2024