Flexible Working

The statutory right to request flexible working is implied into the employment contract of employees that are either a parent or carer and who satisfy the eligibility criteria. Whilst qualifying employees have a statutory right to make such a request, they have no automatic right to flexible working.

Employees are protected from suffering dismissal or detriment in the exercise of their statutory right to apply for flexible working.

An employer in receipt of a request for flexible working employee is obliged to give it proper consideration, but may refuse it on specific grounds.

Although the right to request flexible working is an implied term of the employment contract, the complex procedure for making and responding to requests for flexible working is usually set out in the employment handbook and is part of your employment procedures.

An employee may invoke your grievance procedure if they are dissatisfied with the way their application was handled or if it was refused. If the complaint cannot be resolved using your grievance procedure, the employee may make a referral to the Acas

Arbitration Scheme or complain to an employment tribunal.

Failure to follow the correct procedure for dealing with requests for flexible working can have serious consequences. Employees cannot make another application for flexible working for a year; the employer may be required to reconsider the application for flexible working as well as being ordered to pay a substantial financial penalty.

As most applicants for flexible working are female, there is a risk of a claim being made for sex discrimination if the application is not dealt with correctly or if she suffered any detriment or was dismissed because she asked for flexible working.

If the application for flexible working is agreed, it is a variation of the terms of the employment contract. The variation should be recorded in writing. Better still would be to issue a revised employment contract.

Each time there is a law change that affects your employment contract or your employment handbook we will automatically update them and send you your up-to-date employment documents. Knowing that your employment documents and employment procedures are up-to-date gives you peace of mind.

Our e-mail newsletter keeps you informed of developments that may affect either your employment contract or employment procedures.

We also provide you with telephone HR support to help you implement your employment contract and employment procedures, such as flexible working. Legal advice on your employment contracts and employment procedures is available from our 24 hour advice line.