Under the Flexible Working Regulations, an employee with at least 26 weeks’ continuous employment can make a request for flexible working. Some employers will allow you to make a request, even if you do not have the legal right, so it is recommended that you check your workplace’s policy. Only one request can be made in any 12-month period.
A flexible working request is essentially a request from an employee to their employer seeking a change to their terms and conditions of employment, for example working hours, times or the place of work, including working from home or elsewhere. It does not impose an obligation on an employer to agree to such request.
An employer can only refuse a request on one or more of the following grounds:
The burden of additional costs
Detrimental effect on ability to meet customer demand
Inability to reorganise work among existing staff
Inability to recruit additional staff
Detrimental impact on quality
Detrimental impact on performance
Insufficiency of work during the periods the employee proposes to work
Planned structural changes
An employer must look at your request fairly and make a decision within a maximum of three months.
Our knowledgeable employment law solicitors in Essex and London can provide advice on each stage of the process and advise you on your options and possible claims, which may include discrimination (usually on grounds of sex, disability or religion and belief) and constructive dismissal.
Please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
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