What does flexible working mean and how can you request it?

What does flexible working mean?

Flexible working means working in a way that better suits an employee’s needs. Employees can legally ask for flexibility in the following areas:

• the number of hours they work
• when they start or finish work
• the days they work
• where they work

Some flexibility is available in most jobs, despite the size of the company. When deciding to request flexibility at work, consider what will be practical for your role. Some examples of flexible working include:

• part-time hours
• staggered hours
• remote working
• working from home
• hybrid working
• compressed hours
• flexitime

When can I make a flexible working request?

Due to The Employment Relations (Flexible Working) Act 2023, employees now have the right to request flexible working from their first day of employment. Furthermore, this act allows for two flexible working requests to be made in a 12-month period.

It is important to note that while employers legally must consider reasonable requests for flexible working, they do not have to approve any or all requests.

A reasonable process of consideration by an employer would include:

• an assessment of the advantages and disadvantages of the application,
• discussions of potential alternatives to the request(s)
• offering an appeal process on decisions made.

How to request flexible working

To make a request for flexible working arrangements you must put your request in writing. This means either writing a letter or an email that clearly states it is a 'statutory request' for flexible working.

Your request must also include:

• The date of your request.
• The change you are requesting – for example the change in your hours or place of work.
• Desired start date for these changes.
• If you have made any previous statutory flexible working requests to your employer and the date of these previous requests.

From the date your request is submitted, your employer will have two months to accept or refuse unless both sides agree on a longer timeframe. If an extension is agreed, your employer should also put this in writing.

Can an employer refuse a request for flexible working?

Employers must accept requests for flexible working unless it falls under any of the 8 business reasons for refusal. These reasons include:

• It would harm your performance in the job or negatively impact the performance of your colleagues
• It would cost the business money.
• It would reduce quality or standards.
• Your employer would struggle to meet customer demand.
• Your employer would have trouble hiring extra staff to cover your work.
• Your employer would struggle to reorganise work among your colleagues.
• Your proposed working hours do not match work demands.
• Your employer is planning changes to the business structure and your request would not fit with the changes.

If your employer refused a statutory request, you may be able to take them to the employment tribunal if they:

• Did not make a final decision about your request within 2 months - unless you agreed to a later deadline.
• Did not deal with your request in a reasonable way.
• Did not give you a valid reason for refusing your request.
• Discriminated against you by refusing your request.

You can also take your employer to tribunal if you can prove that the reason for refusal, they gave you was not genuine. However, proving any of this becomes complicated and difficult. In these situations, it is best to instruct a flexible working solicitor.

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