Nationwide Employment Lawyers
Legal enquiries and clients : 0333 242 3851
Get in Touch
Service Rating: Damian McCarthy 5 starts - Service Rate
  • About Us
    • Contact
    • Howell John
    • Damian McCarthy
    • Simon Armstrong
    • Case Studies
    • Employment Law News
  • Employee Services
    • Questionnaire
    • Contact
    • Locations
    • Dismissal
    • Whistleblowing Law
    • Discrimination
      • Sex discrimination
        • Maternity rights in employment
        • Pregnancy or maternity discrimination
        • Returning to work and flexible working
        • Health and safety for pregnant women in the workplace
        • Sexual Harassment
      • Disability discrimination
      • Race discrimination
    • Equal Pay
    • Bullying and Harassment
    • Family Friendly Rights
    • Disciplinary and grievance hearings
    • Contracts
    • Transfer of Undertakings
    • Agency workers and part time workers
    • Privacy at work
    • Constructive dismissal
    • Resignation letter templates
      • Constructive dismissal letter template
      • Standard notice resignation letter template:
      • Short or long notice request template
    • Health and Safety at Work
  • Locations
    • London – Berkeley Square
    • London – Canary Wharf
    • London – Croydon
    • London – Hammersmith
    • London – High Holborn
    • London – King’s Cross
    • London – Liverpool Street
    • London – London Bridge
    • London – Richmond
  • Case Studies
    • A v PWC
    • P v S (confidential)
    • Moira Stuart quits, reigniting BBC ageism row
    • Married HBOS bank manager propositioned by colleagues
  • News
  • FAQ
  • Contact



Returning to work and flexible working

The right to request flexible working from an employer has existed since 2003 – it is not a guaranteed right to a flexible arrangement, but simply the right to ask an employer to put one in place. There is also the right to request such an arrangement for another of the child’s carers (since 2006).

 

Eligibility

 

There are a number of eligibility criteria that need to be met for someone who wants to request flexible working. These are:

 

– Being employed with the employer for 26 weeks or more.

– Being responsible for a child under 17 (or 18 where the child is disabled).

– Being the child’s mother, father, adopter, guardian or foster parent or partner, civil partner or spouse of that person.

– Being a carer (a spouse, relative, civil partner or person living at the same address caring) for a child who is 18 or older.

 

Suggestions for flexible working

 

A request for flexible working can include a number of suggestions of changes that could be made to an employment schedule, including part time working, reduced working hours, a job share, working from home or another location, and starting or finishing work at a different time to the standard start and finish times.

 

When a request for flexible working is made

 

A request for flexible working can be made at any time from the day the child is born to the day before the 17th birthday (or 18th where the child is disabled). It can only be made once in 12 months and should be given in writing and clearly set out the changes proposed to an employee’s working situation and the effect this will have on the employer, as well as including a reference to whether such a request has been made before (and when). Even where there is a distinct possibility that the request will be refused, it should still be formally made – the response that is given may be important in demonstrating an employer’s response, which may be required for a discrimination claim (see below).

 

The request procedure

 

Most employee handbooks should cover this kind of procedure – it is important for both parties to follow the procedure laid out in the handbook and, where there is no procedure or no handbook, for an employer to consider introducing one. The timing of the procedure is usually that a meeting should take place within 28 days of the request being made; after the meeting an employer should respond to the request within 14 days; there is then the right to appeal within 14 days; if the proposal is accepted the employer must write to the employee within 14 days of the meeting confirming the arrangements and the start date.

 

Employees are entitled to bring someone with them to the meeting and are to be given reasons for any refusal of the request. Once the new working arrangements have been agreed, this change is permanent and previous terms of employment can only be returned to with the parties’ consent.

 

Challenging a refusal

 

A refusal to allow flexible working arrangements can be challenged by an employee in an Employment Tribunal. There are two very specific situations in which this can be done – 1) where the decision is based on the wrong facts or 2) if the right process has not been followed. Where an employee wants to challenge such a refusal this must be done within three months less one day of either the refusal or the appeal.

 

An Employment Tribunal in this situation can make an employer reconsider the refusal and can award financial compensation of up to eight weeks pay, up to a maximum of £3,200 (£400 a week).

 

There may also be a challenge on the basis of indirect sex discrimination. The person making the complaint will need to be affected by the provision, criterion or practice, which must apply to all employees, must not be objectively justifiable (i.e. a proportionate means of achieving a legitimate aim), and must put women as a group at a disadvantage as compared to men. Tribunals will usually accept that it is the women in society who tend to bear most of the childcare responsibilities, which makes policies that discriminate against women wanting a flexible working arrangement to carry out childcare responsibilities more likely to be discriminatory. It also means it would be harder for a man to claim this.

 

The potential compensation for a successful sex discrimination claim is unlimited and can cover loss of earnings suffered as a consequence of an employee’s refusal to grant a request of this nature. There is the same time limit to make a claim for sex discrimination – three months less one day from the date of discrimination, or the last day of the discriminatory behaviour if it was ongoing. This could be the refusal of the request, the appeal date, or the date of any dismissal or resignation. Time limits can be extended by a Tribunal but this is not guaranteed.

 




Our specialist areas of law

  • Employment Tribunals
    • Employment Tribunals London
  • Dismissal
    • Unfair Dismissal
    • Constructive Dismissal & Resignation Advice
    • Compromise agreements
    • Executive Dismissal
    • Whistleblowing Law
    • Redundancy claims
    • Age Discrimination & Redundancy – Protection for all Ages In Redundancy
    • Collective redundancy
  • Whistleblowing
    • Whistleblowing Law
  • Discrimination (overview)
    • Discrimination at work – overview
  • –– Sex Discrimination
    • Maternity rights in employment
    • Pregnancy or maternity discrimination
    • Returning to work and flexible working
    • Health and safety issues for pregnant women in the workplace
  • –– Disability discrimination
    • Disability discrimination
  • –– Race discrimination
    • Race discrimination
  • –– Age discrimination
    • Age discrimination in recruitment and selection
    • Age discrimination – your rights at retirement
    • Age discrimination and redundancy – protection for all ages in redundancy
    • Age discrimination and pensions
    • Age discrimination and benefits
  • –– Sexual-orientation discrimination
    • Sexual-orientation discrimination in goods and services
  • –– Religious discrimination
    • Religious discrimination
  • –– Gender reassignment discrimination
    • Gender reassignment discrimination
  • Equal pay
    • Equal pay
  • Bullying and Harassment
    • Bullying and harrasment at work
  • Family-friendly rights
    • Family leave
    • Maternity rights in employment
    • Pregnancy and maternity discrimination
    • Return to work and flexible working
    • Health and safety for pregnant women in the workplace
    • Paternity rights
    • Maternity
    • Part-time workers
  • Disciplinary and Grievance Hearings
    • Disciplinary Hearings & Procedures
    • Grievance procedures
  • Contracts
    • Bonus disputes and discrimination
    • Bonus disputes
    • Bonus discrimination & The Risks Associated With It
    • Contract disputes and permanent health insurance
    • Employment contract disputes – restrictive covenants
  • Transfer of Undertakings
    • Transfer of undertakings (TUPE)
  • Agency Workers and Part Time Workers
    • Agency workers
    • Part-time workers
  • Privacy at Work
    • Privacy at work
  • Letter Templates
    • Constructive dismissal letter template
    • Standard notice resignation letter template:
    • Short or long notice request template

Join our Newsletter!

Twitter

Damian McCarthy
  • I worked with Martin a few years ago on a lengthy case. Always seemed a man of integrity. https://t.co/CwTnxNq5QZ 08:49:06 PM May 19, 2023 from Twitter for iPhone ReplyRetweetFavorite
  • @NationCymru When I was a kid 1970’s - ‘80s always called “chip alley” … I think sometimes Caroline St. 08:47:37 PM May 19, 2023 from Twitter for iPhone in reply to NationCymru ReplyRetweetFavorite
  • @PhilipProudfoot What are you talking about ? King Charles unplugged my sink this morning and Camilla did my ironin… https://t.co/GawUMSYVH1 01:51:10 PM May 08, 2023 from Twitter for iPhone in reply to PhilipProudfoot ReplyRetweetFavorite
@dam_mccarthy

Contact Us

  • We will be able to help you quickly if you leave us a contact phone number. We keep this strictly confidential.
  • This field is for validation purposes and should be left unchanged.
Copyright Notice | Disclaimer | Website Terms & Conditions | Privacy Statement
ACAS | EHRC
Nationwide Employment Lawyers Ltd is Authorised and Regulated by the Financial Conduct Authority. For peace of mind you can find information about our authorisation by checking the Registration number 838365 on the Financial Services Register : register.fca.org.uk. Please note all telephone calls are recorded, as required by the regulator. Nationwide Employment Lawyers Ltd is not a firm of solicitors. Instead we offer an exceptional level of service using specialist employment law Solicitors, Barristers and a Senior Advocate.
Please contact us using either the questionnaire, quick contact form (above) or telephoning us on 0333 242 3851.