Who can request flexible working?

There are two ways to ask for flexible working:

• a statutory request
• a non-statutory request

To be eligible to make a statutory application the individual must:

• be an employee;
• have worked for the employer continuously for 26 weeks when the written request is made; and
• not have made a request within the last 12 months

An employer must handle the request in accordance with the law on flexible working. An employer will need to consider the request and decides within three months unless agreed otherwise with the employee.

There are eight business grounds upon which an employer may reject the request. These are

• Burden of additional costs
• Inability to reorganise work amongst existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Adverse effect on ability to meet customer demand
• Insufficient work for the periods the employee proposes to work
• Planned structural changes to the business

If you do not meet the criteria for making a statutory request, you could still make a non-statutory request, or make one under your employer’s scheme if there is one.