(Updated 21/07/2023)
What is flexible working?
Flexible working is the name given to any type of working pattern which is different from your existing one.
For a full list of possible flexible working arrangements please click here
How do I make a request for flexible working?
There are 2 ways to make a request for flexible working. You may be able to make a statutory request. This means there’s a process set out in law that you and your employer need to follow when you’re negotiating your flexible working request. However, not all employees are able to make a statutory request. To discover if you are eligible to make a statutory request click here
If you’re not entitled to make a statutory request for flexible working, you can make a non-statutory one. This is one which isn’t made under the law on flexible working. There is no set procedure for making a non-statutory request although it’s advisable to make your request in writing so it’s clear what you’ve asked for.
For more information on both statutory & non-statutory requests please click here
What if my request for flexible working is refused?
Not every request for flexible working will succeed. Sometimes, your employer's refusal will be perfectly reasonable and valid - your request has been considered carefully and reasonably, and it simply isn’t possible to accommodate the changes you have asked for without a negative effect on the business. Don't forget that your right to work flexibly and your employer's right to manage their business must be balanced. Just because you are unhappy with a decision doesn't mean it's unlawful.
If I feel the decision is unfair can I take any action?
You may be able to take further action if, for example:
- you have had a perfectly reasonable and workable request rejected out of hand
- you have tried to use the statutory procedure and your employer has ignored or mishandled it
If you made a statutory request, and your employer has ignored it or has not followed the statutory procedure properly, you may be able to make a claim to an employment tribunal under the rules for the statutory procedure.
If your employer has ignored your request, mishandled it or refused it, you might have a claim for direct or indirect discrimination. Find out more about flexible working and discrimination.
