Flexible working request
Did you know you can ask to change your hours of work, the days you work or ask to work from home, and that you can do so if there is a valid reason for such a request?
A flexible working request allows an employee to ask for a change to their working pattern or conditions.
The change requested may be an alteration of your working hours, reduction in the days you work, to work from home, job share or other alternative arrangement that allows you to suitably balance your work and personal life more effectively.
Circumstances in which you can make a flexible working request can include:
It will help you to meet childcare commitments, which can be a particular concern if you are returning to work after maternity leave or if you are a new parent.
Changing the way in which you work will allow you to help to care for an elderly relative.
It will help you to manage your disability or a health condition.
If you are eligible to make a flexible working request and you do submit one, your employer is legally required to respond to it.
By law, you can make a request if you have worked for your employer for at least 26 weeks, are classed as an employee (you work under an employment contract) and you have not made any other flexible working request in the last 12 months.
Although you may be permitted to ask for changes to your working pattern and conditions, your employer is under no obligation to agree to it.
However, any change that you ask for should be reasonably considered, judged on its merits and dealt with without unreasonable delay.
A flexible working request should be in writing. It is advisable to check your employer’s policy regarding how a request should be submitted, as some employers will require you to fill in a specific form.
When making a request, you should explain clearly how the proposed arrangement will work in practice, how it will benefit you and your employer, and how any potential disadvantages can be managed.
You should be invited to a meeting to discuss a flexible working request before any decision is made regarding whether or not it can be accommodated. There is no statutory right that allows you to be accompanied at such a meeting.
However, it is good practice for an employer to allow you to be accompanied by a suitable companion e.g. trade union representative or work colleague. You can, and should, ask to be accompanied at a meeting to discuss a flexible working request.
The meeting will be an opportunity for you to fully discuss what you are asking for, why you need the change, any issues in relation to the request and other options if it is not workable.
Your employer can reject a flexible working request if there it a valid business reason for it to do so.
There are some specific reasons that allow your employer to refuse your request, which include:
Will cost the business money.
Would have a detrimental effect on ability to meet customer demand.
Would not be able to reorganise work among your colleagues.
Inability to recruit additional staff.
Detrimental impact on quality or performance.
Lack of work during the periods you wish to work.
Planned change to the structure of the business that would make your proposed working arrangement impossible.
Your request cannot be refused on discriminatory grounds e.g. your gender, age, disability, religion etc.
If your flexible working request is rejected, the justification for the decision should be explained to you and you should be given the right to appeal.
If you are not given the right to appeal you should write to your employer as soon as possible and let it know you wish to do so.
We can support our members with making a flexible working request. Join us today.