Flexible Working in 2022: what it is and how to request it

What is flexible working? How can I make a request? What information needs to be included in the request? How long does my employer have to make a decision? You may work in a company. If that is the case, you could want to work in a different way, or work different hours. Then, you can make a request for flexible working. However, you need to have worked for your employer for a minimum amount of time. Your Benefits will tell you everything you need to know.

What is flexible working?

Flexible working is a different way to work, which also fits with what your employer needs. Flexible working can entail different things, such as working from home, or having flexible start and end times.

You may think that only certain types of employees can request flexible working. However, all employees can request it. Indeed, it may not only be done by those who care for another person, or parents.

Since flexible working is a legal right, you can make a ‘statutory application‘. Then, you will be able to request flexible working. Furthermore, to qualify, you need to be an employee. Additionally, you need to have worked for a minimum of 26 weeks with the same employer.

You may want to do remote working, or hybrid working. In fact, people work in a number of different ways. Flexible working arrangements, benefits of flexible working and implement flexible working are important in work places for start and finish times. This applies even during your trial period, and you can have meetings to discuss what flexible working include. Parental leave and days compressed cannot be applied to through email address.

How should employers handle flexible working requests?

When an employer receives a request for flexible working, they must handle it. Indeed, they even need to do so in a ‘reasonable manner‘. Indeed, this entails a number of things.

Handling a request in a “reasonable manner” means that the employer will look at the request’s pros and cons. In other words, what are the advantages that could be derived from this? Are there any disadvantages?

The employer could also hold a meeting with the employee. There, they could both talk about the request, and the employee could explain how they could have envisioned the idea.

However, if the employer disagrees, they could go through an appeal process. Then, the employer could decide not to go with the flexible working request of their employee.

Important

As an employer, it is extremely important to make sure that you deal with flexible working requests in a “reasonable manner”. Indeed, if that is not the case, the employee in question can take the case to an employment tribunal.

In order to refuse a flexible employment request, an employer needs to indicate why it is not a good or feasible decision from a business perspective. However, the reason for the refusal indeed needs to be because of a business decision.

What are the different types of flexible working?

There are a number of types of flexible working. Mainly, they are as follows:

Working from home;
Flexitime;
Job sharing;
Part time;
Compressed hours;
Annualised hours;
Staggered Hours;
Phased retirement.

Each of those types of work have their own function. we’ll walk through every single one of them. Indeed, job sharing is pretty straight forward. In fact, it consists of two people sharing the hours for one job. Then, 2 people could do half the hours required for a job each, for example.

Working part time is pretty straightforward as well. It entails working at the job for a smaller number of hours. Typically, a part time flexible working request results in the person working a fewer number of days for your work.

There is also a request for compressed hours. Then, you would work the same hours as being full time, only, over a smaller number of days.

A flexitime request concerns more of when you start and stop to work. Indeed, it is a request to chose when you (an employee) would start and finish work. However, note that the employee would agree to work consistently certain hours, or ‘core hours’.

There are also staggered hours, which is kind of similar. Indeed, it entails that an employee’s start and end times are different from the start and end times of other workers.

Furthermore, there are annualised hours. This is a request to work a set number of hours in the year, but have flexibility for how and when they would work these hours. Typically, like flexitime, they would agree to work during certain hours during the day.

Finally, there is phased retirement. What this means is that older employees may not necessarily retire at the typical retirement age. Indeed, then, they can work less hours and less days.

How can I apply for flexible working?

Before applying for flexible working, you must make sure that you are eligible. Indeed, you need to have worked for your employer for a minimum of 26 weeks first. Then, you have a legal right for an application. Indeed, this is also known as a ‘statutory application’.

Important

Note that you cannot continuously apply for this. Indeed, you can only make one application every year. If your employer rejects your request, you need to wait a year before making another application.

What are the steps to make a request? Well, they are as follows:

First, as an employee, make a written request to your employer;
Second, the employer takes a decision on the request. Typically, they will have no longer than 3 months to do so. However, this may be longer if the employee agrees to it;
The employer accepts the request. If this happens, the employment contract will need to change in order to accommodate for the new terms and conditions;
The employer rejects the request. Then, they need to provide the reason to the employee. This needs to be in written form and be justified with a business reason. If they wish, the employee may also make a claim to an employment tribunal.

How should a flexible working request be written?

There are several things that should be included in a written flexible working request. Indeed, first note that the request should be a letter or email.

Disclaimer

However, an employer may ask for the request to be made via an ‘official form’. Then, make your request with a ‘The rights to request flexible working: application form’. You may find it in different formats on the Gov.UK website.

There are also several information that your flexible working request needs to have. First, it needs the date, and (a) phrase(s) stating that it is indeed a statutory request. Then, it needs to also have the following:

More detailed information on the type of flexible working that the employee wants, as well as when they would like to start said flexible working;
In their own words, how they believe that the business will be affected by flexible working. Additionally, any ways to proceed to remedy how the business will be affected by their flexible working;
Whether or not the employee has made a flexible working application before.

Can I choose to withdraw my request?

You may choose to pull back your request for flexible working. Then, you would need to do so in writing. An oral announcement of this is not enough.

Note that an employer may choose to act as if a request was withdrawn, and be justified legally. Indeed, this is the case if the employee in question did not attend up to 2 meetings which relate to their flexible working request. This does not count if the employee had a good reason, like being sick.

An employer may have chosen to act as if a request was pulled back, if they are justified legally. However, if they do so, they need to let the employee know.

What happens after my flexible working request is made?

After a flexible working request is made, a couple of things can happen. Indeed, the employer can choose to accept or refuse a request. However, the request needs to be assessed in a ‘reasonable manner’.

Furthermore, the employer does have a limited amount of time in order to treat the request. Indeed, they need to make a decision no later than 3 months after receiving the request. If the employee agrees, however, the employer may take longer to make a decision.

The employer may approve the request for flexible working. Then, 2 things need to be provided by the employer, in writing:

A written statement documenting the change in working methods;
The date on which the flexible working method is set to start.

Disclaimer

Your employer may choose to accept your request. Then, the appropriate changes need to be made to your employment contract. This means, in part, that the terms and conditions will need to be modified accordingly.

Note that your employee contract will need to be modified accordingly if your request is approved. However, such changes should not occur later than 28 days following your request being accepted.

What if my flexible working request is rejected?

Your flexible working request might get rejected. Then, the employer needs to tell the employee why the request was rejected. Additionally, the reason needs to be a business reason.

Indeed, the reason for the rejection must be that it would hurt the business. More specifically, the reasons include the following:

The business will be undergoing changes to its workforce;
The proposed working times in the request are not at all convenient, as there is not enough work that can be done during them;
Customer demand will not be able to be met if the request is accepted;
The performance and quality of the work done will be hindered by the flexible working method requested;
The business is unable to recruit individuals to do the work;
Staff at the workplace cannot be organized in another way to accomplish the work;
The costs that will arise from the flexible working would hinder and hurt the business.

In order to reject your application, an employer must make the case that such a decision would negatively impact their business. Indeed, they cannot reject a flexible working request simply because they do not want the employee to work in such a way.

How can I make an appeal to request decision?

As an employee, you do not have a statutory right to make an appeal on your decision. This meant that, by default, you do not have a legal right to systematically challenge the decision taken on your request.

However, your request needs to have been determined in a ‘reasonable manner’. Indeed, if this was not the case for your request, then making an appeal could demonstrate that this was indeed true.

Disclaimer

The result of the flexible working request might be contested. If this is the case, the employer or employee may make use of the company’s way of handling workplace disputes. Indeed, companies often have their own methods for this.

Can I make a claim to an employment tribunal?

You could take your case to an employment tribunal. Indeed, then, you would be able to make a complaint in a legal manner. You can do this if your employer did any of the following:

Used false information in order to reject your flexible working request;
Discriminated against or treated poorly an employee following them making a request for flexible working. For example, they might have refused a wage increase or promotion following the request;
Acted as if the request was withdrawn without a justifiable reason. For example, the employee attended all the meetings related to their request;
Took care of the request in a way that cannot be qualified as ‘reasonable manner’.

You cannot be discriminated against for making a request. Additionally, you cannot be discriminated against for your protected characteristics. For both, you may make a claim to a tribunal. They are as follows:

Protected characteristics in the UK in 2022
Characteristic	Is it a protected characteristic? (and thus illegal to discriminate against it)
Sexual orientation	Yes
Personal belief or religion	Yes
Sex	Yes
Race (which includes national, ethnic origin, nationality or colour)	Yes
Being pregnant, or on a benefit like maternity leave	Yes
Having a disability	Yes
Being in a civil partnership or marriage	Yes
Having undergone gender reassignment	Yes
Age	Yes
Education	No

Note that you do not have a statutory right to make a claim to an employment tribunal. As such, you cannot make a claim simply because your request was rejected.

An employee must make a claim to an employment tribunal within 3 months of one of 3 things happening.
First, their employer first telling them their decision. Second, their employer telling them their request was being acted as if withdrawn. Third, from the date on which their employer should have taken a decision.