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Right to request flexible working

Updating author: Jo Broadbent, Hogan Lovells

Summary

  • The right to request flexible working applies to all employees with 26 weeks' qualifying service. (See 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 Meaning of "flexible working")
  • An application for flexible working must be made in writing and must contain specified information. (See The application)
  • An employer that has received an eligible employee's application for flexible working must deal with the application in a "reasonable manner". (See 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 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 Referral to Acas Arbitration Scheme)
  • An employee may not lawfully be dismissed, selected for redundancy, victimised or subjected to any other detriment for asserting their right to apply for flexible working. (See Detrimental treatment and Dismissal)
  • Employers should be aware that refusal to grant a request for flexible working may lead to liability under the discrimination legislation. (See Rejection of an application for flexible working)