Flexible Working

All employees, who have a minimum of 26 weeks service, have the right to request flexible working.

Flexible working describes a type of working arrangement which gives a degree of flexibility on how long, where, when, and at what times an employee works.

Flexible working might include:

• Part-time working
• Job-sharing
• Flexitime
• Compressed hours
• Working from home or mobile working

This is not an exhaustive list.

Under legislation, all requests must contain certain information, guidelines of which are provided in our sample application form, available here.

Upon receiving a request for flexible working employers must deal with the request in a “reasonable manner” with the final decision being given within a three-month period. A reasonable consideration process will include:

• Assessing the advantages and disadvantages of the application
• Holding a meeting with the employee to discuss the request
• Offering an appeal process

Agreeing the Application

Should you agree to a flexible working request you should:

• Write to the employee confirming:
• the agreed changes
• the start date
• issue a revised contract of employment

Rejecting the Application

Should you reject a flexible working request you should confirm this in writing to the employee. Requests may be rejected on the following grounds:

• Extra costs that will damage the business
• The work can’t be reorganised among other staff
• People can’t be recruited to do the work
• Flexible working will affect quality and performance
• Customer demand will not be able to be met
• There’s a lack of available work during proposed working times
• The business is planning changes to the work force

*Employee Shareholders do not have the right to request flexible working.

Further details on flexible working, including eligibility criteria and grounds for refusal, can be found here.

This sample document has been prepared as a guide for employers . Employers should adjust the content to suit their own requirements and/or seek further advice on what is applicable.