Flexible Working Request

The Employment Rights Act 1996 gives employees a statutory right to make a flexible working request. The right to request flexible working is an important provision to help balance work and personal commitments. This right applies to employees across England, Scotland and Wales proving greater freedom to manage work life balance.

Flexible working can include changes to working hours, location and patterns of work. Flexible working rules are different in Northern Ireland which can be found at Flexible working.

Who is Eligible for Flexible Working?

From 6th April 2024 the Employment Relations (Flexible Working) Act gives all employees the right to make this request.

• Request can be made from day one of employment.
• Employees can make up to two statutory requests in a twelve-month period.
• An outcome of your flexible working request can be provided in two months.

What to include in your Flexible Working Request

• Make your request in writing
• State this is a flexible working request
• Include the date
• Include the change you are requesting
• Include when you would like this change to come into effect
• Include any previous requests made

A useful template can be found at Flexible working request letter template

It is best to include as much information and detail to your request to help the employers understand how this request can impact you if you are not able to work flexibly. Considering childcare options and not having flexibility may mean you have to give up work.

However, The Equality Act 2010 protects employees from any unfair treatment and offers protection which means the employer will need to consider the impact of refusing such a request from a business view as well as the employee’s needs. The same rule will apply to an employee requesting flexibility due to health or a disability under the Act.

After an Application is submitted

When reviewing a flexible working request, employers will have to consider the following legal requirements:

• Final decisions to be made in two months (this can be extended by agreement)
• Employers must deal with your request in a reasonable manner.
• Request can only be refused on one or more permitted reasons.
• Employers must consult an employee first before rejecting a request. ACAS guidance states that this should be done by inviting the employee to a meeting.
• Under discrimination law (Equality Act 2010), employers must not mistreat an employee because of a protected characteristic.
• Employers to consider any reasonable adjustments.

The ACAS guide sets out additional points employers ‘should’ consider when reviewing a request. Acas Code of Practice on requests for flexible working

Making a Decision

If a request is accepted, the new terms will need to be added to the employment contract within one month of agreement.

If a request is rejected, the employee will be consulted, and the decision will be provided in writing including the right to appeal and a timeframe. Further guidance on appeals is located at Flexible working: Appeals - GOV.UK