Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
The right to apply for flexible working
Meaning of "flexible working"
Eligibility
The application
The employer's response
Rejection of an application for flexible working
Withdrawal of an application for flexible working
Complaints and remedies
Referral to Acas Arbitration Scheme
Detrimental treatment
Dismissal

Summary

3.872

• Since 6 April 2003, an employee who is (or is the spouse, civil partner or live-in partner of) the parent, adoptive parent, guardian, special guardian or foster parent of a child under the age of six (or under the age of 18 if the child is disabled) has had the legal right to submit a written application to his or her employer requesting a more flexible pattern of working hours. (See 3.874 The right to apply for flexible working)
• As of 6 April 2007 an employee who has caring responsibilities for an adult aged 18 or over who is the employee's spouse, civil partner or live-in partner, a relative, or someone living at the same address as the employee has the legal right to request flexible working. (See 3.874 The right to apply for flexible working)
• An application for flexible working is an application for a permanent variation to the employee's hours, time or place of work. (See 3.875 Meaning of "flexible working")
• To qualify to apply for flexible working an employee must have been continuously employed by his or her employer for 26 or more weeks and have, or expect to have, responsibility for a child, or care for, or expect to care for, a person who is aged 18 or over. (See 3.876 Eligibility)
• An application for flexible working must be made in writing and must contain specified information. (See 3.877 The application)
• An employer that has received an eligible employee's application for flexible working must arrange a meeting to discuss it within 28 days and must relay its decision to the employee within 14 days of the meeting. (See 3.878 The employer's response)
• An employer that rejects an employee's request for flexible working must have one or more specified reasons for doing so. (See 3.879 Rejection of an application for flexible working)
• Flexible working claims may, with the agreement of both parties, be referred to arbitration under the Acas Arbitration Scheme. (See 3.882 Referral to Acas Arbitration Scheme)
• An employee may not lawfully be dismissed, selected for redundancy, victimised or subjected to any other detriment for asserting his or her right to apply for flexible working. (See 3.883 Detrimental treatment and 3.884 Dismissal)
• Employers should be aware that refusal to grant a request for flexible working may lead to liability under the discrimination legislation.  (See 3.879 Rejection of an application for flexible working)

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Future developments

3.873 In November 2007, the Government launched an independent review of how the right to request flexible working could be extended to parents of older children. The results of the review (Right to request flexible working - a review of how to extend the right to request flexible working to parents of older children (PDF format, 139K) (on the BERR website)), conducted by Imelda Walsh, HR director of J Sainsbury plc, were published on 15 May 2008.