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Flexible Working And The Law

By: Lorna Elliott LLB (hons), Barrister - Updated: 18 Jun 2021 |
 
Employer Flexible Working Tribunal

Flexible working can take numerous forms, and includes job sharing, working part-time, working from home, ‘flexi-time’, working in shifts or compressing your agreed hours into a shorter period of time.

The Right To Request Flexible Working

If you are responsible for your child on a day-to-day basis, you may have the right to request flexible working hours from your employer. To be an employee, you must not be an agency worker, nor be in the armed forces. However, there are other requirements:
  • a) Have you worked for your current employer for at least 26 weeks (6 months)?
  • b) If you live in England, Wales or Scotland is your child under 17 years old?
  • c) If you live in England, Wales or Scotland is your child disabled and under the age of 18?
  • d) If you live in Northern Ireland is your child under the age of six?

If you have answered yes to a) and either b), c) or d), then you can ask for flexible working in the UK. It is also possible to ask for flexible working if you care for an adult. Bear in mind, however, that although you have the right to ASK, this does not necessarily mean that your employer must accede to your request. In addition, not having the ‘right’ to ask for flexible working does not prevent you from being able to ask your employer for it.

Who Can Apply?

If making an application to care for a child, you must confirm that you are responsible for the child and are either a parent, adoptive parent, Foster Parent or Guardian or are the partner or spouse of a person who has one of these roles. You do not need to provide evidence that you have a parental or caring role in relation to a child, nor do you need to show that someone else could alternatively provide that care.

Procedure For Requesting Flexible Working

You are entitled to make the request once a year, but bear in mind that there is a strict procedure that will need to be followed and the entire process could take up to 14 weeks. If your employer agrees to your request, you will have different – and possibly reduced – hours, which means that you may receive different remuneration, too.

Duty To Consider Request

Your employer has a duty to give your request serious consideration. If refused, your employer has to show that they have a good reason for doing so and give these reasons in writing. You can appeal their decision, but must provide notice in writing that you wish to appeal, giving reasons why you want to appeal, within 14 days of receiving the decision.

Other Options

If your employer still does not agree to your request to work flexible hours, there may still be some options open to you. ACAS offers a flexible working arbitration scheme, which may be able to help you come to an agreement with your employer. The Labour Relations Agency may be able to help in Northern Ireland.

Employment Tribunals

It may also be possible to take your employer to an employment tribunal on the basis of sex discrimination. For example, if female workers in your organization have made successful requests for flexible working and you believe that you have been refused on the basis that you are a man, this could constitute a valid claim for sex discrimination. However, an employment tribunal might not have the ability to turn over your employer’s decision, but may order them to reconsider your request, or to pay you compensation.

Another option is only available in limited circumstances: if your employer did not follow the proper procedure for flexible working requests, or if they failed to take into account all the information that you submitted as part of your request, then you may be able to take this complaint to an employment tribunal. For more information, contact a legal advisor or your local Citizens Advice Bureau.

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Hi, just looking a bit of advise I am a first time mum and my daughter is only 15 months. I am a health and social care worker and my work keeps putting me on the weekends to work, either Saturday or Sunday or for example the next 7 weeks have me working every Sunday, I do 12 hour shifts and obviously with having a daughter working every weekend isn’t really fair on her I don’t know how it works with work/life balance but have I rights to ask not to work a Sunday at all or are they allowed to just constantly make me work it weeks in a row. I’m from n.I Thanks
Alynn - 7-Apr-21 @ 2:22 PM
I have a 12 year old daughter not allowed to go to school, so she is left for 4-5 hours till I return home my employer says I have to do a 6 hour shift there leaving my daughter 8 hours , I’m a cleaner not a key worker so school is not an option for us my daughter is left five day a week so I feel it’s not fair & i’m feeling bullied to do this and not even been offered a conversation about what I can work or furlough as others are doing in the company with children at school . What are my options?
Queenie - 11-Jan-21 @ 11:49 AM
Hi, i have been with my company 15 years and had a few weeks off work for mental health issues recently (with a sick note). My employer is threatening to sack me for wanting to change my hours, I work a mix of morning and nights shifts 6 days a week. My partner doesn't want me to start working my regular hours as i am hardly home and and we have a young child so has given me an ultimatum. If i do not work, i will lose my home and cant afford to provide but if i choose work i lose my fiancé and child. As we reside in the Republic of Ireland and my partner is polish, she cannot claim benefits. i have been told i would not likely be accepted for benefits either as i would have voluntarily quit. Any advice asap would be appreciated as time is running out very soon.
J - 10-Jan-21 @ 4:02 PM
I have two children 10and 15. Me and my wife worked at the same company for two years, we were on the same shift pattern but worked opposite.We were tuped to two different companies and they both kept us on the same shift pattern. But know 2.5 years later they want to change my shift which would not work due to both of us working days or nights at the same time, which would mean the kids being on there own which Is not right.
Pricey - 22-Nov-20 @ 8:23 AM
I have cared for my grandson since we got him back from being in care after a incedent that happened his father was found guilty in the criminal court and cannot see him nighter can his family it had a devastating affect on my daughter she suffers with severe mental health my new manager has said I need to be more flexible I explained I cant due to the reasons I have explained she asked me if I had any paperwork to proof this I was shocked and said no only the court papers regarding what happened I also said it would force me to have to leave to witch she replied this may happen she has arranged another meeting can they do this
Simmy - 2-Jul-20 @ 12:12 PM
I requested flexible working rights 2 years ago which were agreed. Now the employer is staying 'the business needs have changed' and I now need to work Saturdays which as my head chef partner obviously works I can not commit to this. Can my employer enforce this?
Carly - 19-Feb-20 @ 9:33 PM
I'm a single mum of 2working 21 hours . I'm.unable to cover additional shifts as many finish at 11pm at night. My employer has told me I have to be flexible and work until late as per the other employees but I cannot. Can you please give me some advice as currently this is a major problem.Kind regards.
Bleasedtwice - 2-Sep-19 @ 7:36 PM
Hi, my partner and I have recently separated leave me with no childcare for after school. I am currently paying for after school care but I really can't afford it. I have asked my employer if I could cut my hours to enable me to collect my son from school but this was refused. My employer is currently employing lots of new full time staff but says there is no place for a part time member. Can you please provide some advice?
Heather - 6-Mar-19 @ 5:51 PM
When I came back from maternity leave I cut my hours and it was agreed I could work fixed nights., My manager has now said I have to go on a rolling rota which I would be unable to do because of childcare issues. For the first time they have asked me to fill in a flexible working request which I imagine they will refuse. Due to the many years I have worked this pattern does this protect me? I don’t want to be forced to have to leave, what do you advice??Thank you
Fi - 17-Nov-18 @ 4:07 PM
Liam - Your Question:
Hi I have a job but struggling financially so my wife has just gone and got a job her shifts are 3pm till 11pm but my shifts are all over the place we have 2 children and there has to be one of us at home at any one time to be with them we are trying to get our shifts to work around each other I do or try to do the early shift and my wife do the late shifts whst rights do I have asking my employer for shifts that work around my wife so one of us are at home for the children?

Our Response:
Anyone can apply for flexible working (it is no longer just for parents), so there's nothing to prevent you submitting an application to you employer. Your employer must give your application proper consideration and must give you a good business reason for refusal.
LawAndParents - 8-Aug-18 @ 3:32 PM
Hi i have a job but struggling financially so my wife has just gone and got a job her shifts are 3pm till 11pm but my shifts are all over the place we have 2 children and there has to be one of us at home at any one time to be with them we are trying to get our shifts to work around each other i do or try to do the early shift and my wife do the late shifts whst rights do i have asking my employer for shifts that work around my wife so one of us are at home for the children?
Liam - 7-Aug-18 @ 10:32 PM
Hi, I have been working for the same company for the last 10 years, recently my line manager confessed to me that she was struggling and she really needs a help of a manager during the day( iam working evening shifts) so I said that my husband who was working on days at the time has been offered a job during evening but he didn’t take it because of our 4 children who must be looked after so he is doing days and more evenings, anyway she said please speak to your husband and see if he is happy going on evenings and you work days with me, I have agreed also spoke to my husband arranged everyting and told her that I was ready to start working with her from the 2nd of July. She said ok that’s great let’s let our director know of the news, after I told him he said no to me that he doesn’t have a manager position for me but if I want I can work as an administrator for £5000 pound less in my wage during the day.
Bila - 13-Jul-18 @ 9:49 AM
I have worked in same shop for 10yrs. This is before i had kids. I have 2 under 6 and live in northern ireland. Im being asked to move to another shop, which is going to affect my kids badly. What, if any are my rights to refuse this move?
Anto T1 - 26-Jun-18 @ 3:06 PM
I have worked for my employer for just under 3 years I use to work night but because there was knowbody to pick my 8 year old daughter up from school my boss let me go on to days, so I was working 9-3 she has now changed the hours to Kate's on a weekend 2-9 I've told her I can't do there hours as my daughter will be on her own, my boss said well the other kids can look after her..... they are 13 and 14 what can I do
Sammy - 10-Jun-18 @ 9:07 AM
billie - Your Question:
Hi I have worked for an FE college for 11 years with 4 children. my line manager has never allowed flexible working hours so I must be in for 8.15am to 5pm. whilst I teach 25 hours a week no have also long teaching hours to all my colleagues. I have also been asked by HE if I am planning g any more children. My head of department has asked is it a religious thing. I do not know who I can go to as I am undermined at every stsge. I want my working hours condensed however I am constantly told no with no explanation. Any advice please?

Our Response:
Firstly, asking you if you are having any more children (gender discrimination) and asking you about your religion are both contravening the Equality Act - you should report this. Secondly, have you submitted a formal request for flexible working? If so, your employer MUST give you a VALID business reason for refusal. If other colleagues doing similar roles have flexible working hours, then it may be easy to refute the refusal. Contact ACAS to find out what you can do about both of these complaints.
LawAndParents - 23-May-18 @ 3:41 PM
hi I have worked for an FE college for 11 years with 4 children. my line manager has never allowed flexible working hours so I must be in for 8.15am to 5pm . whilst I teach 25 hours a week no have also long teaching hours to all my colleagues. I have also been asked by HE if I am planning g any more children . My head of department has asked is it a religious thing. I do not know who I can go to as I am undermined at every stsge. i want my working hours condensed however I am constantly told no with no explanation. Any advice please?
billie - 22-May-18 @ 10:10 PM
Eljay- Your Question:
I have worked for a company for a number of years I now have a 4 year old child due to start school in September imtheu have told me that that they will not be able to accommodate me hours around school times is this just fixed they don't have to or is there anything so starte they may have to ?

Our Response:
No. You can make a request for flexible working hours and your employer must give this due consideration, but doesn't have to agree to your request.
LawAndParents - 2-Feb-18 @ 12:11 PM
I have worked for a company for a number of years I now have a 4 year old child due to start school in September imtheu have told me that that they will not be able to accommodate me hours around school times is this just fixed they don't have to or is there anything so starte they may have to ?
Eljay - 31-Jan-18 @ 7:39 PM
Hi I work in a nursing home and have done for just over 4 years. I work 12hr shifts which is not a problem, however I did ask for set days due to having a childminder for my 6 year old son for when I’m in work. I have had these set shifts for a while now but due to a move around of staff my manager said that she is going to have to completely change my shifts which would make it impossible for me to work which I find unfair. She stated that they’re not there to accommodate for people’s childcare issues, however they do accommodate for some staff? Please help I can’t be out of work ??
Kel85 - 13-Jan-18 @ 8:33 PM
Keshari Gurung - Your Question:
Hi there m a mother of 11 months baby n I had request for the flexible hour but my boss decline it.m relli deppresed at the moment.i just want to know what r my rights.what should I do in this situation.plz help

Our Response:
You do have the right to request flexible working hours but your employer does not have to agree to your request. Your employer must show that your request has been given sufficient consideration and provide agood business reason for refusal.
LawAndParents - 28-Jul-17 @ 2:40 PM
Hi therem a mother of 11 months baby n i had request for the flexible hour but my boss decline it .m relli deppresed at the moment.i just want to know what r my rights.what should i do in this situation.plz help
Keshari Gurung - 26-Jul-17 @ 7:38 PM
Employer wants to move my finish time from 10.30pm til midnight I work on an industrial estate and do not drive my husband is a full time driver and unable to collect me as our 11 year old would be in bed. I have given my reasons to my employer and requested flexible working to stay at my contacted finish hours as I do now but they are unwilling to accept my request and say I must do new hours or tgey will pay me a months salary and I must leave. Surley this is not right???
Dotty - 8-May-17 @ 12:32 PM
Hi my daughter currently works for the NHS she has a 10mth old daughter and was initially granted the exclusion from working night shifts as she has no one to have her daughter at night ( she works early and late shifts and weekends). At a recent meeting with her manager and HR they informed her they could no longer allow her to not do night shifts, her union rep wasn't very supportive. They have told her that if she cannot do nights she will have to look at other jobs in the Trust she works in and the only job currently available to her is in the community in Wolverhampton which would take her 1 hour 45 mins to get to work after dropping her daughter and 4 bus journeys. Plus whatever journeys she would have to do during day for job. They have told her that if she doesn't take this job she is in effect making herself unemployed and will have to leave. Can anyone please advise us what she can do. Thank you
Janey - 6-Jan-17 @ 11:24 AM
Hi my ex partner is threatening me with court action as she says im nothaving enough time with our children because I work Sunday till Fri Saturday is my only day off I have the children Fri night till sat night no option to see them any time as travel takes up a lot of my day getting home at 7.30 pm would the court grant her wish and insist to change my days any info would be appreciated
sutty72 - 3-Dec-15 @ 6:47 AM
@pjay. Does your contract state specific times of work? If so, then your employer is in breach of contract. If not, then you should submit a formal request for the previous hours on the basis of flexible working hours for childcare considerations. Your employer will then have to give you a valid reason for the changes. If someone else has been offered your old hours find out why and check that no discrimination is involved.
LawAndParents - 27-Jul-15 @ 12:32 PM
I am in retail and work for a big supermarket i have worked for my employer's for 13 years they have pulled me into the office to say they are changing my hour's from school hour's to 2pm to 7pm at night I have a 13 year old son but my partner is in the hotel trade so can work anything from 6am to 12pm at night any day of the week I also help my elderly parents out all the time as my father has Dementia. I really don't know where I stand as I have done this shift pattern for as long as I have worked for the company
pjay - 24-Jul-15 @ 3:19 PM
@becky. This is a bit unreasonable but unfortunately there's not huge deal you can do if your contract did not state specific hours/times. If it did, you can take steps under a breach of contract (more information in in this article). Your employer must give you a good business reason as to why you cannot work flexible hours for childcare reasons. The article linked to, also has some information about this.
LawAndParents - 7-May-15 @ 2:06 PM
i'm really struggling at the moment as I'm really stressed out about work I have been with my current employer for 8 years and split with my girls dad 2 years ago, since forming a new relationship my children's dad is very patchy with contact and sometimes doesn't have them at all, my employer is now going through a process of changing everyone's hours the hours I have been offered are shocking 2-10 tue followed by 2-10 Friday and 10-7 sat every week, I have been into speak to hr and they have told me if I don't sign for the above hours I wi recieve my notice !!!!! I have told them I can work until 7 pm most days as I have a childminder that works until 7:30 now my employer is saying I'm not flexible enough for the company!!!!!
becky - 1-May-15 @ 10:31 AM
@San. Check your employment contract but assuming you are contracted to work specific days and specific hours, then your employer cannot change these without your consent. If they do, they are in breach of contract. The employer will need to have sufficient grounds for sacking you - it seems to us as though employing an additional worker might be a viable solution to take up the work on the days you don't. Suggest that as an alternative. If that fails, then seek help from ACAS or your union if you have one - it may be that you have to take this to a tribunal.
LawAndParents - 4-Nov-14 @ 10:29 AM
I am a single lone parent of an 8 year old.I have worked for the same company for 28 1/2 years. I worked full time until I had my son.I now work 16 hours,3 days a week and have done this for 8 1/2 years.I am about to be given 90 days notice to end my contract as I am not flexible enough! FLEXIBLE being wanted to work weekends and until 11.30pm!! This is not possible for me to do as the 3 days I do work I start at 5.45 am and my 73 year old mum takes my son to school for me.My mum is not in the best of health as it is and I feel bad enough putting her out 3 days a week but I am able to do these hours as I know I have cover for my son for these days! I was wondering what my rights where!!
san - 3-Nov-14 @ 5:04 PM
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