If you’re legally classed as an employee, you have a legal right to request flexible working.
New laws came into effect on 6 April 2024, giving you have the legal right to make two flexible working requests a year to your employer, from the first day on your employment. These requests for flexibility can include changes to your working hours, times, or location, such as working from home.
To make a flexible working request, you must submit a written application to your employer. You are not required to explain the potential effects of your request on the employer in your application. Your employer must respond within two months, consulting with you if they initially consider refusing the request for genuine business reasons. Employers can accept, partially accept or reject a statutory request.
We will advise you on your rights and guide you through the procedures in applying for flexible working hours, from assisting you in completing the written application, right through to conclusion. If your employer has denied you request to switch to part-time hours, and you feel their reasons are unfair, you may be able to appeal against the decision.
There are many different types of flexible working, including:
All employees have the legal right to request flexible working. They do not have to be parents or have dependants that need care.
Employers now have two months to make a decision on a flexible working request, down from three months previously. Employers must consult with the employee before they can refuse a flexible working request.
An employer can reject a flexible working request for specific, genuine business reasons, including extra costs, an inability to reorganise work amongst existing staff, a detrimental impact on performance or quality of the work produced, an inability to recruit additional staff, issues meeting customer demand, insufficient work for the employee’s proposed hours, or planned structural changes within the business. Employers must consult with the employee, consider alternatives, and provide a clear, written explanation for the refusal, referencing these specific business grounds.
No, your employer cannot unilaterally cancel your flexible working agreement. If they want to change it, they need your consent, and it’s considered a change to your contract. Changing your employment contract is not a simple procedure and has a number of serious legal implications if your employer does not do it correctly. If you need your employment contract reviewed, or your employer has asked you to accept changes, you should seek legal advice at the earliest opportunity to ensure the proper legal procedure has been followed and the contract is fair and reasonable. Our Employment Contract solicitors will review the terms of your contract and advise you on the provisions before you agree to them and provide you with the opportunity to query any element with your employer.
If your employer has refused a flexible working request, you should first check your employer’s policy for an appeals process and follow those procedures exactly if one exists. If no formal appeal process is available, you can still write to your employer to request an appeal meeting or a review of their decision. In your written request or at the appeal meeting, you must clearly state your reasons for the appeal and can suggest alternative flexible arrangements. If your appeal is refused, you may have grounds to raise a formal grievance to challenge the decision.
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