What you need to do if you want flexible working to work for you

When Dolly Parton first sang about working 9 To 5, the idea of flexible working and possibility of performing your duties from the comfort of home may have seemed far-fetched.

The song performed by the ‘Queen’ of country music became an anthem for working women, uniting women together under one battle cry for fair working conditions [1 Cited 13.12.22]

The term ‘working a nine-to-five’ was once so commonly used it is defined by the dictionary as:  work that begins at nine o'clock in the morning and ends at five o'clock, which are the hours that people work in many offices from Monday to Friday [2 cited 13.12.22].

But there is now a lot more flexibility with the hours we all work, where we work from and how we work.

Your right as an employee to make a flexible working request means you can now ask to work in any reasonable way, which bests suits you.

It is a request you can make to your employer to ask it to change your working hours or place of work [3 cited 13.12.22]

Flexible working means you can adapt the way you work to fit your particular needs.

Currently you must have worked for the same employer for at least 26 weeks to be eligible to make a request.

But the government has now proposed legislation that will mean you will in the future be able to request it from day 1 of your employment [4 cited 13.12.22]

At the start of the coronavirus (Covid-19) pandemic back in March 2020, many employees were forced to work from home in one form or another.

Initially it was an abrupt shift to the normal way of working, but remote working for many has now become the norm.

Following the lifting of all lockdown restrictions there was a big push to get employees to return to their usual workplace.

If you have had to return to the office, but you yearn for the days when you could work from home again, or you have a legitimate reason to ask for a change to your terms and conditions, then you can make a flexible working request providing you have the current length of service to enable you to do so.

Knowing how to make a request, what you can ask for, how the request will be dealt with and what you can do if it is refused, is essential.

Here we take a look at five key steps in making a flexible working request:

1: What can I ask for in my flexible working request?

You can ask for reasonable changes, which your employer is able to accommodate.

However, your employer can reject the request if there is a valid business reason for it to do so.

There can be any number of legitimate reasons why you wish to make changes to the way you work.

It can be for health reasons, to allow you to meet caring commitments or for personal reasons related to any change in circumstances.

You should be able to fully explain the reason for your request and why and how you believe it can be accommodated without causing too much disruption to the business.

The following are some typical examples of what you can ask for in a flexible working request:

• To change the times that you start and finish work.

• To work from home or another appropriate location on a permanent basis or for part of your working week.

• To move from working full-time to working part-time hours.

• To work your hours over fewer days known as 'compressed hours' e.g. compressing five working days into four.

• To do a job share e.g. break up a role into two part-time contracts.

You can ask for any change to be for all the days you are in work; specific days or shifts only; specific weeks only, for example during school term time; or for a limited period of time e.g. for six months only.

2: How do I make a flexible working request?

In writing. If your employer has a flexible working policy it will provide details about how you should make an application.

Your employer may have a specific form that you are required to fill in. It will generally ask for details of the request and an explanation about why you require any change to be made.

It is common for some flexible working request forms to ask you to also explain how you believe the business can accommodate your request.

If your employer does not have a specific request form, you can submit your application in a letter or email to the appropriate department or manager.

3: What happens after I have submitted a flexible working request?

Your employer considers the request and makes a decision within three months - or longer if this is agreed with you.

Check if your employer has a flexible working policy because it will detail the process that will be followed in dealing with your request and it can include timeframes.

You should be invited to a formal meeting to discuss your request.

It is good practice for your employer to give you advance notice of the meeting in writing and let you know you have the right to bring a companion, who can usually be a trade union representative or colleague.

During this meeting, you should be given the opportunity to fully explain and discuss your reasons for the request and any particular issues or problems it may pose for your employer.

Expect your employer to ask questions about your request e.g. if you have to look after someone, who it is, what other care support do they have and about your relationship to the individual.

Ask for clarification at the end of the meeting about how long it will take for you to get a decision.

4: What happens after I get a response to my request?

Your employer can agree to the request and put what you want in place, or reject the request and allow you to appeal.

You must be given the decision within three months of the request –this includes the time an appeal may take - but you should be given it as soon as possible.

If your request is granted, then your employer must change the terms and conditions in the contract of employment.

There are a number of legal reasons why your employer can reject your request, which include [5 cited 13.12.22]

• It will cost too much.
• They cannot reorganise the work among other staff.
• There will be a negative effect on quality.
• There will be a negative effect on performance.
• There’s not enough work for you to do when you’ve requested to work.

The reason for refusing your request must be explained and you should be informed of your right to appeal against the decision.

5: How to appeal against a decision to reject a flexible working request.

Discuss the outcome with your employer first to explore if there is any possibility the matter can be resolved informally. It could help you to reach a compromise.

But if this approach does not work, then put your appeal in writing explaining why the decision is unfair and why you want it to be reviewed

The appeal letter only needs to make it clear what your grounds for your appeal are, as you can provide the full details to support it at an appeal hearing