There are many reasons why you may want to apply for flexible working patterns, maybe you want to have a better work-life balance, you need to manage care responsibilities or you simply need to improve your mental wellbeing.
It is widely believed that flexible working is a key part of managing burnout and protecting the mental wellbeing of employees.
But do you know what your rights are to request flexible working?
ACAS describes flexible working as making a change to where, when or how someone works.
Flexible working can be built into almost all jobs, regardless of the organisation’s size or sector.
Employees requesting flexible working can put in a request for one of many types of flexible work patterns. Some of which include:
Flexible working can be beneficial for employees by improving their work-life balance, and can give employers the chance to attract and keep workers.
In England and Wales, flexible working rights are governed by the Employment Rights Act 1996 and the Flexible Working Regulations, which protect against detriment or dismissal for making a request.
While the Equality Act 2010 offers day-one protection from discrimination, particularly for parents and carers who require flexible working arrangements to balance work and responsibilities.
Since 6 April 2024, employees have had the statutory right to make a flexible working request from day one of their employment.
Employees can make up to two statutory flexible working requests each year, rather than one.
Employers must respond within two months (unless an extension is agreed upon), including considering the request, consulting with the employee if they cannot approve it, communicating the outcome and completing any appeal process.
Employees no longer need to explain how the arrangement will work, and employers must consult before rejecting a request, encouraging more constructive discussions and better outcomes.
When making a statutory request, it must be done in writing to your employer in either a letter or email and should state that it is a statutory request.
The request must also include:
Before making a request, you should check your workplace’s flexible working policy to see who you should submit the request to and if there is a specific document that should be used.
Submitting a flexible working request can oftentimes be tricky, our talented team of solicitors can help you make your request.
A solicitor can assist with the drafting of a request, evaluating rejections, managing appeals and they can assist in identifying if the rejection amounts to discrimination.
For advice on flexible working arrangements, get in touch today!
