Flexible Working

Certain employees have the right to request flexible working and if you make such a request, your employer has a legal duty to give it serious consideration and only reject it if there are good business reasons for doing so.

Examples of different types of flexible working include:

  • part-time work
  • flexi time, that is choosing which hours to work
  • compressed hours, that is working agreed hours over fewer days
  • job sharing
  • working from home
  • time off in lieu
  • term-time working

To have the statutory right to make a flexible working request, you must meet certain criteria, although there is no reason why your employer should not consider requests from you without this right.

To be eligible to make a statutory flexible working request, you must:

  • be an employee - agency workers do not qualify
  • have worked for your employer continuously for at least 26 weeks on the date you make your request
  • not have made another statutory request during the past 12 months

You can only make an application to care for a child under 16, a disabled child who is under 18 and who is in receipt of disability living allowance, or certain adults who require care.

If you have the statutory right to apply, then there is a procedure that must be followed by both you and your employer. This process may take up to 14 weeks.

Once you have agreed to a flexible working arrangement, this may be regarded as a permanent change to your contract of employment which can affect your pay.

If you have a query about flexible working, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any flexible working issues you may have. Please contact us for an initial free consultation.

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