Making an application to work flexibly

Published on 16th July 2019

Whether wanting to work from home or work more flexible hours, all employees have the legal right to request flexible working. Here, we outline areas that both employers and employees should consider when applying to work flexibly.

Please note that the rules regarding flexible working differ in Northern Ireland.

Submitting a written application to the employer

Applications must be submitted in writing and the employee must have worked for the employer for a minimum of 26 weeks. The following details should be included: how the employee will work flexibly; an explanation as to how the employee’s flexible working will affect the business; details of the date of the application; when they want to start working flexibly; and whether a previous application was made.

Making a decision within three months

The employer is obliged to consider the request and give a decision, in writing, within three months. Appeals must be allowed for within this timeframe.

Agreeing to the request

The letter approving the request should state the agreed changes and when these will start. Amendments should then be made to the employee’s contract within 28 days of the approval.

Rejecting the request

The employer must provide a specific reason for rejecting the request. This must fall under at least one of the following categories:

  • the extra costs associated with flexible working will damage the business
  • the work cannot be reorganised among other staff members
  • people cannot be recruited to do the work
  • the flexible working will affect the quality of work and employees’ performance
  • the business will not be able to meet customer demand
  • there is a lack of work to do during the proposed working times
  • the business is planning changes to its workforce.

The employee is entitled to appeal the decision by following their firm’s appeals procedure. However, if an employer failed to handle the employee’s request in a reasonable manner; dismissed the employee or treated them unfairly following their request to work flexibly; rejected the application based on false information; or incorrectly treated the employee’s application as being withdrawn, then an employee can complain to an employment tribunal.

The tribunal claim must be made within three months of either hearing the employer’s decision; hearing that the request has been withdrawn; or from the date the employer was required to respond but failed to do so.

Keeping abreast of the rules and regulations relating to flexible working is essential.