Flexible Working

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If you have been denied a flexible working request by your employer then Blacks Solicitors’ expert Employment Law team can help.  

Previously, the only employees entitled to make a flexible working request were those who had care responsibilities for children under 17 years of age (18 years if the child was disabled) or vulnerable adults.

This changed in June 2014 when the right was extended to all employees with over 26 weeks’ service with their employer. Examples of requests include:

  • That their hours of work be changed
  • That the times at which they are required to work be changed
  • That the location from which they work be changed (e.g. a request to be allowed to work from home)

Once a flexible working request has been made, the employer has a duty to consider the request in a reasonable manner and within three months of receiving the request.

Aside from the entitlement of an employer to reject an application on eligibility or procedural grounds, there are eight statutory reasons why your application for flexible working might be refused. These are:

  1. The burden of additional costs
  2. Detrimental effect on ability to meet customer demand
  3. Inability to re-organise work among existing staff
  4. Inability to recruit additional staff
  5. Detrimental impact on quality
  6. Detrimental impact on performance
  7. Insufficiency of work during the periods the employee proposes to work
  8. Planned structural changes

You may issue a claim in the Employment Tribunal if your flexible working request isn’t dealt with in accordance with these Regulations.

 

For more information about how Blacks can help you, or for a free no obligation discussion, please email or call our Employment Law team today on 0113 207 0000.