Benefits of flexible working

The law on flexible working

Employees with young or disabled children (under six and 18 respectively) have the right to request flexible working. This must be taken seriously.

This law is designed to help the employer and employee find a mutually-agreeable solution.

Key points to note:

• Eligible employees can request a change in hours, times or location of work. Read about flexible working at the Acas website.
• The change will be permanent - unless agreed otherwise.
• The employee should explain in the application how the change will affect your business and how that can be accommodated.
• A set procedure must be followed in dealing with the application. Download a publication about the right to request flexible working and the duty to consider it from the DTI website (PDF).

Key elements involved in dealing with an application include:

• calling a meeting to discuss the application
• informing employees in writing whether the application has been accepted
• justifying refusal of an application on one or more of a small number of permitted business grounds
• giving employees a right to appeal against your decision
• calling a meeting to discuss the appeal
• notifying employees of your decision after the appeal

Failing to follow this procedure entitles the employee to bring a claim before an employment tribunal. If successful, the tribunal can order payment to compensation of up to eight weeks' pay.

Address practical issues in a way that ensures you meet your legal obligations. For example, if someone deals with your HR issues, encourage employees to refer requests for flexible working to them as well as to the relevant manager. Employees have a right of appeal, so always keep someone appropriate in reserve.

Other relevant legislation

Bear in mind other relevant legal restrictions when considering an application for flexible working, eg avoiding discrimination. See our guides on how to prevent discrimination and value diversity and on employing part-time workers. A claim under sex discrimination legislation is still possible and compensation is unlimited.

If you cannot accommodate workers' requests they may choose to leave.

Subjects covered in this guide

• Introduction
• Types of flexible working
• Business impact of flexible working
• Introduce flexible working in your business
• The law on flexible working
• Here's how flexible working has benefited employees and our business

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