[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.london-law.co.uk\/right-to-request-flexible-working\/#Article","mainEntityOfPage":"https:\/\/www.london-law.co.uk\/right-to-request-flexible-working\/","headline":"Your Right to Request Flexible Working","name":"Your Right to Request Flexible Working","description":"Today\u2019s blog looks at the law and procedure on an employee\u2019s right to request flexible working, your ability do so and how to do so.\u00a0 Who can make a request for flexible working? Did you know that you might be able to make a flexible working request to your employer if you want to: reduce [...]","datePublished":"2020-05-25","dateModified":"2025-01-23","author":{"@type":"Person","@id":"https:\/\/www.london-law.co.uk\/author\/coby\/#Person","name":"coby","url":"https:\/\/www.london-law.co.uk\/author\/coby\/","identifier":17,"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/095b94eeb56f604e46bfd6673afa9194.jpg","url":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/095b94eeb56f604e46bfd6673afa9194.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"AlexanderJLO London Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","width":460,"height":275}},"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2020\/05\/Your-Right-to-Request-Flexible-Working.jpg","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2020\/05\/Your-Right-to-Request-Flexible-Working.jpg","height":847,"width":1280},"url":"https:\/\/www.london-law.co.uk\/right-to-request-flexible-working\/","about":["Blog","Employment"],"wordCount":1494,"articleBody":"Today\u2019s blog looks at the law and procedure on an employee\u2019s right to request flexible working, your ability do so and how to do so.\u00a0Who can make a request for flexible working?Did you know that you might be able to make a flexible working request to your employer if you want to:reduce your hours to work part-timechange your start and finish timehave flexibility with your start and finish time (sometimes known as flexitime)do your hours over fewer days (compressed hours)work from home or elsewhere (remote working)share the job with someone elseBy law, you have the right to make a flexible working request if:you\u2019ve worked for your employer for at least 26 weeksyou\u2019re legally classed as an employeeyou\u2019ve not made any other flexible working request in the last 12 monthsThe right to a flexible working request applies in the same way if you\u2019re:a parenta carerreturning from maternity leaveIt is also worth bearing in mind that if you\u2019re a parent or carer, your employer might have other ways for you to take time off. For example, parental leave to look after your child or time off for dependants. Check your workplace\u2019s policy.What can you ask for?You can ask for the change to be for:all working daysspecific days or shifts onlyspecific weeks only, for example during school term timea limited time, for example for 6 months onlyCheck your right to make a requestWhat must you Employer do once you have submitted a request?If you have the right to request, your employer must:look at your request fairly, following the ACAS Code of Practice on flexible working requestsmake a decision within a maximum of 3 monthsHow do you make a request for flexible working?A flexible working request must be in writing. There is no formal requirements but your request letter or email should say you\u2019re making a \u201cstatutory flexible working request\u201d and must include:the date you\u2019re sending itthe change you\u2019d like to makewhen you\u2019d like the change to starthow any effects the change could have on your work or the business might be dealt withthe date of any previous flexible working requests, if you\u2019ve made anyif your request relates to something covered by the Equality Act 2010, for example to make a \u2018reasonable adjustment\u2019 for a disability you haveIt can also help to include:any benefits that the change could have to your work or the business (for example, cost-saving or doing shift times that others prefer not to do)any benefits to your co-workers (for example, if a co-worker would like a job share, too)What happens after your request is submitted?Your employer should set up a meeting to discuss your request before making a decision.\u00a0If you go to a meeting, it can help to talk about:the reasons you want the changehow any problems with making the change might be dealt withany other options you might consider if the change is not possibleYou can ask your employer if you can bring someone to a flexible working request meeting, for example, a co-worker or trade union representative.There is no legal right to bring someone, so it\u2019s up to your employer to agree.Once your employer makes a decisionOnce your employer has reviewed your request, they must let you know their decision. It\u2019s a good idea to ask for the decision in writing.They must make a decision within a maximum of 3 months of you making your request. If you do not get a decision within 3 months, you should raise the issue with your employer.If your request is approvedIf your employer approves your request, this will usually change the terms of your employment contract.Your employer should put the approval in writing, including:the agreed changewhen the change will starthow long the change will last, if for a fixed period of timea review date, if the change will be looked at to see how it\u2019s goingIt\u2019s a good idea to make sure you get everything put in writing by your employer so there\u2019s no confusion about what was agreed.If the change affects anything that must legally be in your employment contract, your employer must put it in writing. They must do this within a month of the change taking effect.This includes changes to your:\u00a0working hours\u00a0pay\u00a0job location\u00a0holiday entitlementIf your request is turned downYour employer can turn down your flexible working request if there\u2019s a valid business reason for doing so.By law, your employer can turn down your flexible working request if:it will cost too muchthey cannot reorganise the work among other staffthey cannot recruit more staffthere will be a negative effect on qualitythere will be a negative effect on the business\u2019 ability to meet customer demandthere will be a negative effect on performancethere\u2019s not enough work for you to do when you\u2019ve requested to workthere are planned changes to the business, for example, your employer plans to reorganise or change the business and thinks the request will not fit with these plansAppealing a decision to turn down a request for flexible workingIf you want to appeal the decision you should initially talk with your employer if you feel the decision was wrong or unfair. It\u2019s a good idea to do this informally at first.It can help to:explain why you feel the decision was wrong or unfairshare any information that was missed or not available when your employer made the decisionshare any evidence if the request was not handled reasonably (for example, they did not follow the ACAS Code of Practice on flexible working requests or their own policy)listen to your employer\u2019s reasons for their decisionsuggest any compromises you are willing to makeIf you want to appeal, you should do so as soon as possible, or within the timeframe that your workplace might have set in their policy.\u00a0Formally appealing in writingYou can also put your appeal in writing. Your letter or email should say:why you feel the decision should be looked at again (for example, there\u2019s new information that might affect the decision)what you would like to happen next (for example, look at the new information and meet to discuss your flexible working request)It\u2019s up to your employer to decide if they\u2019ll consider your appeal.How long does an appeal takes?If your employer decides to consider your appeal, they should respond as quickly as possible.Your employer must consider your whole request (including any appeal) within a maximum of 3 months of receiving the original request. Your employer can ask you for more time to make a decision, but only if you agree.Making a formal complaintIf you feel your request has not been handled fairly, you can raise it formally (\u2018raise a grievance\u2019) with your employer. If raising a grievance does not resolve the problem, it might be possible to make a claim to an employment tribunal.You might be able to use the ACAS Arbitration Scheme for some flexible working cases, instead of going to employment tribunal.What if\u00a0 you\u2019ve been treated unfairly because of your request?Your employer should not dismiss you or treat you unfairly (cause you \u201cdetriment\u201d) because you:made a flexible working requestintend to make a flexible working requestDetriment means unfair treatment that leaves you worse off, for example if your employer:reduces your hoursoverlooks you for promotions or development opportunitiessays no to your training requests without good reasonIf you feel you\u2019ve experienced detriment or have been dismissed because of a flexible working request, you might be able to make a claim to an employment tribunal.When can you make another request?You can make a new request if it\u2019s been more than 12 months since your last request. Some employers will allow more than one request within 12 months, so it\u2019s worth checking your workplace\u2019s policy.For further information on the right to request flexible working or if you feel that you have been discriminated against as a result of a refusal to grant flexible working why not contact one of Alexander JLO\u2019s expert Employment Lawyers and see what we can do for you?This blog was prepared by Alexander JLO\u2019s senior partner, Peter Johnson on the 25th May 2020 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Your Right to Request Flexible Working","item":"https:\/\/www.london-law.co.uk\/right-to-request-flexible-working\/#breadcrumbitem"}]}]