Flexible Working in Employment

What is flexible working?

Flexible working means making changes in the hours and times when an employee is contractually obliged to work.  This can take several different forms, the most common of which include part-time working, flexi-time, job sharing and working from home.  Many employers now recognise the value of allowing their staff to have some flexibility regarding their hours of work, and an employer and employee are free to decide between themselves the conditions of employment, as long as they remain within the law.  Some people, however, have a statutory right to ask their employer for flexible working arrangements.

Who can ask for flexible working?

The short answer here is anyone.  You can simply approach your employer and ask them if you can change your work schedule.  But your employer is free to reject outright any requests you make, and need not give any reasons for doing so.  If, however, you meet the qualifying conditions under Part 8A of the Employment Rights Act 1996, your employer is legally bound to consider your application for flexible working arrangements.  The important point to note here is that an employer has a duty to consider your request, but they are under no duty to grant your request.

Who is entitled to request flexible working?

Employees must meet certain qualifying conditions before they have a right to request flexible working conditions.  The conditions are

  • You must be an employee, not an agency worker or in the armed forces
  • You must have worked at least 26 consecutive weeks for your employer before requesting flexible working
  • You must not have previously applied under the statutory right within the last 12 months

If you meet these three conditions then you have the statutory right to ask for flexible working arrangements if:

  • You have or will have parental responsibility for a child under 16 or a disabled child under 18 who receives Disability Living Allowance
  • You are the parent, legal guardian or foster carer of the child, or the spouse, partner or civil partner of one of these, and you are applying to care for the child
  • You are a carer caring, or you expect to be caring, for an adult who is your spouse, partner, civil partner or relative, or someone who is unrelated to you but lives at the same address as you 

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For more information on:

  • Applying for flexible working 
  • Other options