Your rights to flexible working

Since April 2024, employees can request flexible working from day one in a job. But that doesn’t mean they will get it as there are eight grounds [see below] on which a request can be turned down.

Labour plans to tighten the law to introduce a default right to flexible working. That would mean employer have to show that flexible working won’t work rather than the other way around.

In addition to a day one right to request flexible working, there have been several other changes to flexible working legislation, including the dropping of the need for employees to make a business case for putting forward their request, ie to show that it will not negatively impact the employer. Instead there is a stipulation on employers and employees to enter into consultation about the request, with the onus falling on the employer to treat this reasonably rather than the employee having to make the case. 

Nevertheless, experts still reckon that it is a good idea to show you have considered the impact on an employer before you make your request. This will make your request stronger and negotiations more successful.

The main thing is to try and put yourself in the employer’s position and to pre-empt any potential difficulties your request might bring and to be honest, for instance, if there are additional costs involved it is important to admit and justify them.

That can involve showing how your work can successfully be carried out under the proposed new working pattern, demonstrating that it will not harm the business and pointing out that it may even have business advantages. For instance, if requesting remote working, it may be that there are parts of a job that can be done more effectively from home without distraction, such as analysis, reading, strategic thinking or writing reports.

For job shares, it is worth putting forward how this might work in terms of handovers, communication with team members or clients and so forth and researching examples of successful job share partnerships. Job shares are still rare enough for many managers not to have come across them so they may need persuading. Demonstrating that you have thought everything through will help.

For part-time work, it is important to think through whether there are certain days or hours which need less cover. Are there certain tasks that could be delegated allowing other staff the chance to act up? If managers are dubious, it might be worth suggesting a trial period, but if you opt for this ensure there is a proper review process.

It is also important to methodically think through the tasks a job involves and whether they can be done differently, from a different location, at different times and so forth.

And it is worth having a compromise solution, since the flexible working process is a negotiation. It may be, for instance, that with some homeworking a person who requests part time could work full time or that they could work less at certain less busy times of the year.

The process:

Put your request in writing. While some prefer informal flexibility, there are benefits to making a formal request. Number one is that it represents a permanent change to your terms and conditions and that makes it more difficult for your employer to take it away. 

Your employer has to respond to a formal request within two months. They can turn down the request on any of eight grounds:

1. The burden of additional costs
2. An inability to reorganise work amongst existing staff
3. An inability to recruit additional staff
4. A detrimental impact on quality
5. A detrimental impact on performance
6. Detrimental effect on ability to meet customer demand
7. Insufficient work for the periods the employee proposes to work
8. Planned structural changes to the business

If you disagree with the reasons given, you can appeal. There is no statutory right of appeal, but it is recommended by Acas.

You can make two flexible working requests in any 12-month period.

Tips for negotiating flexible working

• Think through the tasks a job involves and whether they can be done differently, from a different location, at different times and so forth. Be honest about addressing any additional costs or challenges.
• Show your work can successfully be carried out under any proposed new working pattern and demonstrating that it will not harm the business or may have business advantages.
• Research some case studies, ideally in your sector, that show how the work pattern you are suggesting can work to both the employer and employee’s advantage.
• If managers are dubious, it might be worth suggesting a trial period.
• Have a compromise solution as a back-up.

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