The Right to Request Flexible Working
Guidance for Employers

If you’re an employer and received an application for flexible working, you need to treat this seriously & deal with it promptly to avoid an employment tribunal. Failure to do so could cost your business 8 weeks’s pay [1] & more.

Employment Law Clinic are available to assist & advise you on dealing with requests for flexible working – call us now on 020 3397 2979 to get advice on your flexible working requests

 

The right to request flexible working is available to employees if:

• they have been continuously employed for at least 26 weeks [2], and
• they are either the mother, father, adopter, guardian, special guardian, foster parent, or private foster carer or the holder of a residence order, or is the spouse, partner or civil partner of one of these [2], and
• has, or expects to have, responsibility for the upbringing of a child under the age of 17, or a child under the age of 18 if disabled [2],

Or

• if they care for, or expect to care for, a person in need of care who they are either married to, or is the partner or civil partner of, a person aged 18 or over that is married to or the partner or civil partner, or relative of your employee; [2]
• living at the same address as your employee. [2]

An application for flexible working must:

• be made in writing (this includes electronic communication) [3]
• state whether a previous application has been made (and if so, when) [3]
• be dated. [3]
• state that it is such an application [4]
• specify the change applied for and the date on which it is proposed the change should become effective [4]
• explain what effect, if any, the employee thinks making the change applied for would have on you the employer, and how the employee thinks this might be dealt with [4]
• explain how they meet the conditions above that provides their right to make an application [4].

Once an employer has received a request for flexible working, the employer needs to either agree to this or hold a meeting with their employee, before deciding on the flexible working request.

As there are quite a few laws that apply to requests for flexible working as well as strict time-scales for applications to be dealt with, employers are advised to call us on 020 3397 2979 as soon as any application for flexible working is received to ensure you comply with employment law & deal with your application properly.

Footnotes: Employment Law Applying to Flexible Working Requests