FYI – We are re in the process of updating our policies in the coming weeks with any updates reflecting the latest changes to law.
About this information
- Information contained within this information is designed to advise employers and employees on the ability of employees to request a change to their working pattern and how employers can manage these.
- Originally these requests were limited just to those with childcare or dependents’ caring responsibilities. However, a few years ago, this right was extended to all employees, so not just those with childcare, or caring, responsibilities. The process is relatively straightforward and, since the right has been extended to all eligible employees, it has been simplified.
- All flexible working requests should be dealt with in a reasonable manner and within a reasonable time by the employer. Ideally the time between the employee making a request and the employer notifying them of a final decision (including the outcome of any appeal) should be less than two months but employer and employee can agree a longer period between them.
Eligibility
- In order for employees to be able to make a flexible working request, they must meet the following criteria:
- be an employee (it does not matter whether they work full or part-time but they must be an employee); and
- not have made two flexible working requests during the last 12 months (even if that request was withdrawn).
What is a flexible working request?
- A flexible working request is a request by the employee to do any or all of the following:
- to reduce or vary their working hours;
- to reduce or vary the days they work;
- to work from a different location (for example, from home). ( For obvious reasons, this might be more difficult for those who are working with animals who are necessarily based in one specific location. For office-based workers, being able to work from home is easier for many because of the use of computer technology.)
Making a flexible working request
- A flexible working request should be submitted to the employer in writing and dated. It should contain the following details:
- state that it is a flexible working request;
- explain the change being requested and propose a start date;
- identify the impact which the change will have on the business and how that might be dealt with (for example, a reduction in available staff to look after horses on race days); and
- state whether the employee has made any previous flexible working requests.
Please see the website links to useful information section below for some useful links to information which may be of assistance in making a flexible working request including a sample letter.
Meeting
- Once the request has been received, the employer will need to arrange a meeting with the employee at a convenient time and place to discuss the request. The employee may be accompanied at the meeting by a colleague of his/her choice. The companion will be entitled to speak and confer privately with the employee but may not answer questions on the employee’s behalf.
- It is open to the employer to decide to grant the request in full without a meeting, in which case the employer should write to the employee with its’ decision.
Decision
- After the meeting the employer should consider what was discussed and inform the employee of the decision as soon as possible.
- If the employer accepts the employee’s request, it should write to the employee with details of the new working arrangements and the date on which they will commence. The employee should be asked to sign and return a copy of the letter, which will then operate as a variation to the contractual terms until and unless either party wishes to change them.
- If the employer is not able to immediately accept the request it may require the employee to undertake a trial period before reaching a final decision on the request. If this happens, the employer should write to the employee stating specifically that the agreed request is for a trial period only, the length of the trial period, and when it will start and finish. It should also say that if the trial is not successful the employee will be required to revert to the original terms and conditions.
- Alternatively, the employer may propose a variation to the request which it should discuss with the employee with a view to trying to reach agreement. If that variation is agreed between the employer and the employee, again this should be documented in writing.
- Changes to the employee’s terms of employment will be permanent unless they are stated to be on a trial period or either party wishes to change them again at a later date (In which case this would be the subject of a further discussion and possible further flexible working application by the employee).
- The employer may validly reject a flexible working request for one or more of the following business reasons:
- the burden of additional costs;
- detrimental effect on ability to meet customer/work demand;
- inability to reorganise work among existing staff;
- inability to recruit additional staff;
- detrimental impact on the quality of the work carried out;
- detrimental impact on work and other staff performance;
- not enough work during the periods that the employee proposes to work; or
- planned changes (for example if the employer is looking to restructure some of the job roles or the way in which they are carried out, or make an increase or reduction in numbers of personnel).
- If the employer is not able to agree to the request, it should write to tell the employee which of these reasons applies in their particular case. It should also set out the appeal procedure as the employee would have the right to appeal against the decision.
Appeal
- The employee may appeal in writing within a reasonable period, usually around 14 days, of receiving the written decision refusing their request. This includes a decision following a trial period if the employer is of the view that the trial period has not worked and so wishes the employee to revert to the original working terms.
- The employee’s appeal must be dated and must set out the grounds on which he or she is appealing.
- The employer should hold a meeting with the employee to discuss the appeal and the employee, again, may bring a colleague to the meeting.
- After the appeal meeting, the employer should inform the employee in writing of its final decision as soon as possible after the appeal meeting, with reasons why the appeal is either upheld or rejected. There is no further right of appeal.
Website Links to useful information
- The website, Working Families, has a sample flexible working request letter: –
- For general advice on the process the following links are useful: –
