Flexible working has been hugely popular among employees for a number of years now, spurred on by the pandemic and subsequent adaptation to remote working.
As a result, amends to the Flexible Working Regulations 2014 brought in the day-one right to request flexible working from April 2024 – giving all employees the right to request flexible working arrangements from the first day of their employment as stated in their contract.
However, discussions around this right have resulted in confusion over what rights employees have and how flexible working may be defined.
We’ll explore these points of complexity and break down what you need to know about flexible working rights.
What is flexible working?
Many people think of flexible working as exclusively working remotely or on a hybrid basis.
While this is a major element of flexible working for some people, it’s not always possible or the right arrangement for a particular employee.
Under the law, flexible working encompasses much more than remote working, including:
The idea behind flexible working is that the employer makes an effort to allow the employee to fulfil their duties while balancing, for example, family life or personal commitments.
It is designed to recognise that different workers have different needs, needs which need to be accommodated as far as possible to optimise productivity and employee satisfaction.
The right to request
The most important thing to remember about this right is that it is a right to ‘request’, not an automatic right to flexible working.
Your employer must deal with your request in a ‘reasonable manner’, meaning they must:
Your employer must respond to your request with a decision within two months (if you have not agreed to a longer response period with them), and any changes must be reflected in your employment contract.
They are within their rights to refuse your request if they have a ‘good business reason’ for doing so, for example, if your duties cannot be fulfilled remotely or in fewer hours.
You have the right to appeal a decision with your employer. You may also turn to a Tribunal if you feel that your employer did not act reasonably and according to legislation – but not purely on the basis that your request was refused.
For further advice on flexible working rights and appealing a decision, please contact our Employment Law team today to discuss your needs.
