Right to request flexible working

Updating author: Jo Broadbent, Hogan Lovells

XpertHR editor: Laura Merrylees

Summary

• The right to request flexible working applies to all employees from day one of their employment (26 weeks' qualifying service needed before 6 April 2024). 
• A flexible working application is an application for a variation to the employee's hours, time or place of work. 
• Flexible working applications must be in writing and contain specified information. 
• Employers must deal with flexible working applications in a "reasonable manner". 
• An employer that rejects a flexible working application must have one or more specified reasons for doing so. 
• By agreement, flexible working claims may be referred to arbitration under the 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. 
• Refusal to grant a flexible working request may lead to liability under the discrimination legislation.