Flexible working

Flexible working is important for those trying to balance home and work commitments. Employers are recognising that it can be beneficial to their business to permit employees to work flexibly and various flexible working patterns are possible.

Who can request flexible working?

If you care for a child under 18, or for an adult relative, and have worked for your employer for six months, you have the right to request flexible working. This means that you can ask your employer to change your terms and conditions of employment so as to allow you to work, for example, a four-day week, staggered hours, or to work from home on certain days. Other employees can also request flexible working, but the employer will not be legally required to consider such recourse. Parents of children under five can also request unpaid parental leave to care for their children.

Making a request for flexible working

You must put together an application requesting changes to your terms and conditions of employment, including information such as the potential impact the change will have on your employer’s business. Predicting what impact such changes will lead to is not a simple task. Once accepted, this becomes a permanent arrangement and you will not be automatically entitled to return to your previous working pattern, so it is not a decision to be taken lightly.

Your employer must consider your request for flexible working properly and respond to you with its decision. Your employer can only refuse your request on specified grounds related to a genuine business reason, such as the burden of additional costs.

If your request was unreasonably refused, we can assist you with making an appeal. Furthermore, female employees who make requests for flexible working due to childcare obligations may have grounds for an indirect sex discrimination complaint.

Right not to suffer a detriment

There can be problems if the employer seeks to end the arrangement, and you may receive less favourable treatment than colleagues who are not on flexible working. As with part-time workers, you should not be disadvantaged because of either your request to work flexibly or your flexible working pattern.

We can help you try to resolve the situation with your employer by raising a grievance or, if necessary, by making a claim to the employment tribunal.