Does my employer have to give me flexible working?

Published by Charlie Davidson on

Does my employer have to give me flexible working?

All employees have the legal right to request flexible working – not just parents and carers. This is known as ‘making a statutory application’. Employees must have worked for the same employer for at least 26 weeks to be eligible.

Is flexible working a reasonable adjustment?

Most policies do not cover flexible working as a ‘reasonable adjustment’. If you ask for flexible working, you do not have to say you are disabled. But if you do, it is harder for employers to say no if you have asked for flexible working as a reasonable adjustment.

How long does flexible working last?

The law outlines that employees have the right to make a flexible working request once they have worked for you for at least 26 weeks and can submit one request every 12 months. Any employee can make a request and they don’t need to outline why they want the change.

What law covers flexible working?

To help employees improve their work-life balance, and following the Children and Families Act 2014, the Flexible Working Regulations 2014 mean that, from 30 June 2014, there will be no requirement to be a parent or carer.

What happens if flexible working is refused?

If your employer has refused your statutory request for flexible working, they should allow you to discuss their refusal with them. Following the discussion, if your employer agrees with your appeal, they should write to you to confirm the change to your working pattern and when it will start.

What is an unreasonable adjustment?

If an adjustment costs little or nothing and is not disruptive, it would be reasonable unless some other factor (such as impracticality or lack of effectiveness) made it unreasonable. Your size and resources are another factor.

How do you create a successful flexible working request?

be dated. state that it is a statutory request for flexible working. set out the working pattern you are asking for and the date on which you would like it to start. explain how the proposed change would affect your employer and colleagues and how you think any changes might be dealt with.

Can a flexible working agreement be temporary?

Once a flexible working request has been agreed it forms a permanent change to the employee’s contract, unless agreed otherwise, and cannot be changed without further agreement between the employer and employee. The employer and employee can agree that the arrangements are temporary, or subject to a trial period.

Can you be fired for not being flexible?

You cannot be sacked or treated less fairly by your employer because you have: made, or proposed to make, an application to work flexibly under the statutory scheme; or. made, or have said you intend to make, a complaint to an employment tribunal about your application to work flexibly; or.

Can I refuse to work part time on furlough?

Under normal circumstances the answer to this is: no. You cannot generally refuse to work without being in breach of your employment contract.

Can you be sacked while on furlough?

Can an employee be fired while on furlough? Yes, if there is a strong business reason for doing so. However, an employer must follow the correct procedure otherwise it may amount to unfair dismissal.

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