EMPLOYMENT LAW

Flexible Working

Flexible working (along with wellbeing at work) is thankfully now top of many employers agenda as far as their staff contracts and terms and conditions, are concerned. Flexible working was of course something that the pandemic helped to highlight. So here, we have tried to cover off all of your flexible working questions! Am I entitled to work from home? Can an employer refuse my request to work from home? What is a flexible working policy. And even how much does a flexible working policy cost? We have tried to cover off all of your flexible working queries. If you still have questions whether an employee or an employer, let us know. You can email us at info@qlaw.co.uk or call us on 03300 020 365!

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Flexible Working FAQs

Employees with at least 26 weeks’ employment can request flexible working under the statutory right to request flexible working. Note that this is a right to *ask* not a right to get.

Any employee with at least 26 weeks’ employment can request flexible working under the statutory right to request flexible working. One request to work flexibly can be made every 12 months.

There are set statutory reasons why an employer can refuse a flexible working request. It is perfectly possible for an employer to be reasonable in agreeing some employees’ requests to work flexibly, and not others’. It will depend on the role in question, for instance, whether it is customer facing, requires face to face contact, and so on.

Yes. There are 8 set statutory reasons why an employer can refuse a flexible working request. The employer can also refuse a flexible working request if the employee has already made a request within the last 12 months.

Yes. A flexible working request can ask for any form of working that departs from whatever the employer’s standard working hours/days/place of work may be.

To make a request under the statutory flexible working scheme, you need to make a written request. The request must be dated, state that it is made under the statutory procedure, specify the change(s) sought and how the employee wants the change(s) to take effect. The employee must also state whether they have made an application to the employer previously. Currently, the employee must also explain what effect, if any, they think the change would have on the employer and how such an effect could be dealt with – under proposals published in late 2022, it is possible that this requirement will be dropped.

Employees and other workers can always agree with their employer to work remotely, from home or otherwise away from the employer’s workplace – this is a matter of agreement between the parties and what your contract says. The statutory flexible working regime forms a framework for formal flexible working requests to be made by employees with more than 26 weeks’ service. It also gives protection to employees against being penalised for making such requests.

We saw during the pandemic lockdowns that many more people were able to do their jobs from home, and this has triggered a massive increase in flexible working, hybrid working and remote working.  Reform is expected soon, but we don’t have a definite timeframe.   

No.  The right to ask to work flexibly is a right to *ask* not a right to get. 

Employers should ensure that your workspace at home complies with health and safety requirements like the display screen equipment rules. Employers should usually provide any IT equipment you will need to do your job, and access to relevant software, online services, etc.

Yes. There are 8 set statutory reasons why an employer can refuse a flexible working request. The employer can also refuse a flexible working request if the employee has already made a request within the last 12 months.

A flexible working policy is the employer’s policy setting out how employees can make a flexible working request, the timeframes within which the employer will respond, appeal processes and so on. It will usually be in the Staff Handbook or Office Manual, or on the employer’s intranet.

A flexible working policy should include details like who can make a request to work flexibly, how they should make a request, and the things the employer will bear in mind when considering a request. It should also include the timeframes within which the employer will respond, appeal processes, and so on.

Anything other than the employer’s standard working arrangements could be agreed as a flexible working arrangement. It could include part time working, term time working, shorter working hours, working from home, working on a hybrid basis, condensed hours.

This will depend on the flexible working arrangements agreed, the type of work done by the employee, and the nature of the employer’s business. Basically, the employee should be paid for the hours they are working, and receive pro rated benefits like holiday, pension contributions, and so on.

It is a legal requirement to allow employees with at least 26 weeks’ employment to ask to work flexibly, and to comply with the requirements of the flexible working regime when dealing with requests for flexible working. It is not a legal requirement for employers to agree all requests for flexible working – there are 8 set reasons to refuse a flexible working request.

You ask us to advise on an appropriate flexible working policy for your business! We’ll get full details from you and talk through the kind of things to include. We’ll try to anticipate the kind of requests you might get and the sort of flexible arrangements that could work for your business.

We may introduce a free template flexible working policy in future. However, we’d always recommend that you instruct us to provide a tailored policy appropriate for your business. Usually, a flexible working policy will be included in a full form Staff Handbook or Office Manual, which is a more cost effective way for us to provide a flexible working policy and the many other policies and procedures we’d include in a Handbook.

We may introduce a free template flexible working policy in future. However, we’d always recommend that you instruct us to provide a tailored policy appropriate for your business. Usually, a flexible working policy will be included in a full form Staff Handbook or Office Manual, which is a more cost effective way for us to provide a flexible working policy and the many other policies and procedures we’d include in a Handbook.

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