Flexible Working Regulations for Employers
If an employee needs to care for someone they have the legal right to request flexible working. It does not matter whether the person they care for is a child or an adult, anyone has the right to make a request.
The basic steps for making statutory applications are as follows :
- The employee writes to the employer requesting flexible working;
- The employer must request a meeting within 28 days of receiving the request. The purpose of the meeting is to discuss the request; and
- The employer must then make a decision about the request and notify the employee within 14 days of the meeting.
If the flexible working request is agreed the employer must give the employee a new contract of employment reflecting the changes.
There are limited circumstances in which an employer can refuse a flexible working request. For advice on rejecting a request for flexible working, please contact us.
Employees can appeal their employer’s decision in certain circumstances, and if they are still not happy with the outcome they can make a complaint to the employment tribunal if :
- The employer didn’t follow the correct procedure / process when dealing with the request for flexible working;
- The employee’s request for an appeal was refused but the employee believes they have the right to appeal;
- The employee is dismissed, suffers detriment or is treated unfairly as a result of making an application.
If you need help dealing with an application for flexible working, including agreeing or rejecting a request, or if you have agreed a request for flexible working and need assistance altering the employee’s contract of employment, please contact us.
Alternatively, if you have been named as a respondent in tribunal proceedings in respect of a flexible working request, please contact us.