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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]

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]
  • 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]

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

[1] Section 80I of the Employment Rights Act 1996
[2] Regulation 3, of the Flexible Working Regulations 2014
[3] Regulation 4 of the Flexible Working Regulations 2014
[4] Section 80F(2) of the Employment Rights Act 1996

 

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