Flexible Working – What Does It Mean?

If you have been employed by your current employer for at least six months and you want to change your contract of employment, you may have the legal right to request different working arrangements. But it is important to understand that it is more of a right to ask than a legal right to demand. Not everyone who has a right to request flexible working is going to have their request accepted.

To be able to make an application you must have a child under the age of 6 or if your child is disabled, under the age of 18.

You must either be the child’s mother, father, adoptive guardian or foster parent or you must be married to, or the partner of, such a person.

You must have responsibility for the child’s upbringing and the reason you want to change your working arrangements must be to enable you to more effectively care for the child. The fact that you want to spend more time playing golf or shopping will not be good enough reasons.

The latest time you can make an application is two weeks before the child’s 6th birthday or if the child is disabled, 18th birthday.

What can you ask for? You can ask to change the hours you work, the time you are required to work or you can ask to work from home; not always practical if you work on a production line!

Applications must be in writing and only one application can be made a year. Remember if your employer agrees to your request the change is permanent. If you want to work less hours you will be paid less, so make sure that this is going to be acceptable to you on a permanent basis. In your application you need to tell your employer what effect the change you are seeking will have on his business and how these changes might be dealt with.

Within 28 days of receiving your request the employer must set up a meeting with you to discuss it.

No later than 14 days after this meeting your employer must tell you in writing whether he agrees to your request or setting out clear business grounds why it will not work. If your request is refused you can appeal within 14 days.

Employers who receive a valid application from an employee who wants to change his or her contract of employment need to understand that you cannot simply reject it because “it will not work”.

The regulations set out the reasons for refusing an application. These are:

It will cost too much to agree to the request; that it will affect badly your ability to meet customer demand; that you will not be able to re-organise the additional work among existing staff; that you are unable to recruit additional staff; that there will be a detrimental impact on quality or performance; that there will not be enough work available for the employee when he or she wants to work, and finally; that the request will not fit in with planned structural change in the business.

Sensible employers who have a good business reason to reject a request are well advised to explain it fully to the employee and to consider alternative options with the employee. Experience shows that an employee who understands why a business reason is relevant and who believes their employer is dealing with them fairly will accept the outcome. The reverse is also true.

The right to request flexible working which does not just apply to mothers is separate to other rights for time off work such as maternity leave, paternity leave and time off for dependants.

Published 27/09/2006.