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Since 30th June 2014, any employee with over 26 week's continuous service is now able to make a flexible working request, to a maximum of one request per year.
 
There is no automatic right to flexible working. However, you do have the right to request it.  You could request a change to the hours you work, a change to the times you work or to work from home.  Before you make your request, consider the impact of your request on colleagues and other employees and on your employer's business.  If you can show that you have thought about the impact, you are more likely to succeed in your request.

Making an application

You must make your request in writing, setting out:
  • The date of the application, the change to working conditions you are asking for and when you would like it to start.
  • What effect you think the requested change will have on your employer and how you think any such effect might be dealt with.
  • That this is a statutory request for flexible working, and if you have made a previous application for flexible working you must also include the date of that application.
Your employer must respond to your request within three months. They can refuse the request, but only on one of eight specific business grounds, as follows:
  • the burden of additional costs 
  • an inability to reorganise work amongst existing staff 
  • an inability to recruit additional staff 
  • a detrimental impact on quality 
  • a detrimental impact on performance 
  • detrimental effect on ability to meet customer demand 
  • insufficient work for the periods the employee proposes to work 
  • planned structural changes to the business.
In specific circumstances, if you have had a flexible working request rejected, you may have an employment tribunal claim.  Your employer will have to show that they have a sound reason for rejecting the request.
 
If you have had a request for flexible working rejected and think the reasons for rejection are not sound, contact Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 now or complete the form below for free initial advice.  We also run a number of free drop-in advice clinics at our offices in Leicester, Wigston & Market Harborough.
 
Lawson-West will make sure that your case is funded on the most appropriate basis and that will often be on a No Win No Fee basis. This means that Lawson-West have a vested interest in ensuring your employment claim is successful.