Right to request flexible working

Question 1

What is the process for right to request?

Answer 1

1) The employee writes to the employer.
2) The employer should request a meeting within 28 days to discuss the application.
3) The employer must make a decision within 14 days of the meeting and tell the employee about it.
4) If the employer agrees to flexible working they must give the employee a new contract. If they don’t agree the employee can appeal.

Question 2

Application for flex working the application must

Answer 2

be dated
say that the employee either has responsibility as a parent or carer (or expects to have it)
say that they’re making the application under the statutory right to request a flexible working pattern
give details about how they want to work flexibly and when they want to start
explain how they think flexible working might affect the business and how this could be dealt with (eg if they’re not at work on certain days)
say if and when they’ve made a previous application
The employee doesn’t have to include proof that:

they’re a parent or carer
no-one else can care for the child or adult they’re responsible for

Question 3

Flexible working request: meeting

Meeting to discuss the application

Answer 3

The meeting must happen within 28 days of the employer receiving the application.

If the responsible manager isn’t at work, the 28 days start when they get back.

The employee must give a reasonable explanation if they can’t attend the meeting. Otherwise the employer can treat the application as withdrawn.

Bringing someone to the meeting

Employees can bring a work colleague or trade union representative (‘rep’) to the meeting. The rep can discuss things with the employer but they can’t answer questions on behalf of the employee.

If the colleague or representative can’t make the meeting, it should be rearranged to take place within 7 days. The employer must allow the work colleague paid time off to attend.

Question 4

Withdrawing an application

Answer 4

Employees should tell the employer in writing as soon as possible. The application will be treated as withdrawn if the employee misses 2 meetings (without good reason) with the employer.

If the employee doesn’t provide the extra information that the employer needs to make a decision, the application might be treated as withdrawn.

If the application is withdrawn, the employee can’t make another one for 12 months.

Question 5

After the application

Answer 5

The employer must write to the employee within 14 days of the meeting to let them know what the decision is. This time limit can be longer if they both agree.

Question 6

Agreeing the application

Answer 6

If the employer agrees, they should give the employee a new contract. The employer should write to the employee within 28 days about this and the date the flexible working will start.

Question 7

Rejecting an application

Answer 7

The employer’s letter must include:

the business reasons for rejecting the application
an explanation about how flexible working affects their business
how the employee can appeal
Employers can only reject an application for one of the following reasons:

extra costs which would damage the business
the business’s wouldn’t be able to meet customer demand
the work can’t be reorganised among other staff
people couldn’t be recruited to do the work
flexible working would have an effect on quality and performance
there’s a lack of work to do during the proposed working times
the business is planning changes to the workforce
If the employer doesn’t agree to the request, they must have a meeting with the employee to discuss the reasons.

Question 8

Appeals

Answer 8

Employees can appeal against the decision because:

the employer didn’t know something important related to the application when they made their decision
the employee wants to challenge information used by the employer
Employees can’t appeal if they only disagree with the business reasons for the rejection.