Rights to Request Flexible Working Hours

[Are you aware of the extension to Flexible Working regulations that came into force on April 6th 2007?

From that date, the right to request flexible working has been extended to the carers of adults.]

Any employee with over 26 weeks service who has a child under 6 or a disabled child under 18 has the right to apply (in writing) for flexible working hours.

The request can cover:

• A change to the number of hours the employee works.
• A change to the times that the employee works
• The change to working from home.

By law, the employee must give the request proper and careful consideration. A meeting must be arranged within 28 days of the application to discuss the request, and to allow the employee and employer to talk about any problems or alternatives.

Within 14 days after the meeting, the employer must write to the employee to either agree to a new work arrangement (with a start date), or to give clear business reasons why the request cannot be accommodated.
If both employer and employee agree, then additional time can be given to arrange a meeting or make a decision.

If the request cannot be accepted, then the employer’s letter must contain details of the appeals procedure available to the employee.

An employee has the right to appeal against the decision to employer within 14 days of receiving the decision. The employer must then meet the employee within 14 days, and then either accept or give clear reasons why the request can not be accepted within 14 days after the meeting.

In a minority of cases, employees may be able to take the request to ACAS, an employment tribunal, or through another form of dispute resolution. An employee can only take the request to an employment tribunal in certain circumstances. In the tribunal, the employer will need to show that they correctly followed the flexible working request procedures.

An employee can only make one request every 12 months. The request for flexible working is a permanent change, and there is no legal right for the employee to return to their original hours or times after their child reaches the age of 6.

General research suggests that employees working flexibly are less likely to be absent, and are also more productive. The Work Foundation recently stated that in the USA, the average homeworker not only saves a substantial amount of pollution by not driving to work, they also perform with an average of 15% extra productivity. (Worth approx £6000 each a year)

A DTI guide to flexible working is available online.


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Employee Working Hours & Break Entitlements

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