Types of flexible working

There are different ways of working flexibly. Job sharing Two people do one job and split the hours. Remote working and working from home Working from anywhere other than the employee’s usual workplace. It can include working from home. Hybrid working A combination of working remotely and working in the employee’s usual workplace. Part time Working less than full-time hours (usually by working fewer days). Compressed hours Working full-time hours but over fewer days - for example a 9-day fortnight (an employee has a day off every other week and works longer hours on the other days) Flexitime The employee chooses when to start and end work (within agreed limits) but works certain ‘core hours’, for example 10am to 4pm every day. Annualised hours The employee has to work a certain number of hours over the year but they have some flexibility about when they work. There are sometimes ‘core hours’ which the employee regularly works each week, and they work the rest of their hours flexibly or when there’s extra demand at work. Staggered hours The employee has different start, finish and break times from other workers. Phased retirement Default retirement age has been phased out and older workers can choose when they want to retire. This means they can reduce their hours and work part time.

After the application

Employers must consider flexible working requests in a ‘reasonable manner’. They must make a decision within 2 months of the request (or longer if agreed with the employee). Read the Advisory, Conciliation and Arbitration Service ( Acas ) code of practice on flexible working requests . Agreeing the application The employer should write to the employee with: a statement of the agreed changes a start date for flexible working Acas has a flexible working request outcome template that employers can use. The employer should also change the employee’s contract to include the new terms and conditions. This should be done as soon as possible but no later than 28 days after the request was approved. Refusing the application The employer must tell the employee that they’ve refused the application. Before refusing it, they must have discussed the employee’s request with them. Reasons for refusing Employers can refuse an application for any of the following reasons: extra costs that will damage the business the work cannot be reorganised among other staff people cannot be recruited to do the work flexible working will affect quality flexible working will affect performance the business will not be able to meet customer demand there’s a lack of work to do during the proposed working times the business is planning changes to the workforce Acas has a flexible working request outcome template that employers can use.

Employees no longer have a statutory right to an appeal but may still be able to appeal. Employees should check with their employer if they offer an appeals process. How to appeal The employee must follow the company’s procedures for appealing. The employee or employer should follow the company’s procedures for solving a workplace dispute if an application that has been refused causes problems. Going to an employment tribunal Employees can complain to an employment tribunal if the employer: did not handle the request in a ‘reasonable manner’ wrongly treated the employee’s application as withdrawn dismissed or treated an employee poorly because of their flexible working request, for example refused a promotion or pay rise refused an application based on incorrect facts Employees cannot complain to a tribunal just because their flexible working request was refused. An employee should complain to the tribunal within 3 months of: hearing their employer’s decision on their application or appeal hearing their request was treated as withdrawn the date the employer should have responded to their request (but failed to do so) If an employer or employee is unsure of their rights, they should get legal advice.

Flexible working

Overview

Flexible working is a way of working that suits an employee’s needs, for example having flexible start and finish times, or working from home.

Flexible working rules are different in Northern Ireland.

All employees have the legal right to request flexible working. Employees can request a change to:

the number of hours they work
when they start or finish work
the days they work
where they work

This is known as ‘making a statutory application’.

Employees can make a request for flexible working from their first day in a job.

What employers must do

Employers must deal with requests in a ‘reasonable manner’.

Examples of handling requests in a reasonable manner include:

assessing the advantages and disadvantages of the application
discussing possible alternatives to the request
offering an appeal process

Read the Advisory, Conciliation and Arbitration Service (Acas) code of practice on flexible working requests.

If an employer does not handle a request in a reasonable manner, the employee can take them to an employment tribunal.

An employer can refuse an application if they have a good business reason for doing so.

View a printable version of the whole guide

Flexible working

Overview

What employers must do

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Flexible working

Overview

What employers must do

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