The Right to Request Flexible Working

That said, eligible employees do not necessarily have the right to work flexibly, but rather a right to submit a request to their employer for flexible working. On receipt of the request, the employer is under a duty to consider the request in a reasonable manner, but does not have to follow a statutory procedure.

Key points

• The right to request flexible working is available to employees with a minimum of 26 weeks’ continuous service with the employer.
• No qualifying period of employment is required for claiming unfair dismissal where an employee has been dismissed for making a request for flexible working.
• The right to request flexible working applies to both full-time and part-time employees.
• If a request for flexible working is refused, the employee must make any claims to an employment tribunal within three months of the ‘relevant date’.

Refusing an Application

Requests can be refused if the employees concerned are ineligible to make a flexible working request (e.g. if they do not have the requisite service or, if they have made a previous request within the past 12 months). An employer can also reject a flexible working request if the employee has failed to make a request setting out all of the required information. However, in such cases an employee can simply submit an amended request (the 12-month limit will not apply) and, if a request is dismissed out of hand, there would also be a risk of an employment tribunal claim.

In all other cases, an employer can only refuse an application on the following grounds:

• the burden of additional costs
• detrimental effect on ability to meet customer demand
• inability to reorganise work among existing staff
• inability to recruit additional staff
• detrimental impact on quality
• detrimental impact on performance
• insufficiency of work during the periods the employee proposes to work
• planned structural changes.