How to ask your employer for flexible working
Flexible working arrangements bring benefits to you and your employer. Follow our guide to your rights and how to request flexible working correctly.
Flexible working is the ability to change your working arrangements so you can work from home (or anywhere else), or at times that suit you.
Employees enjoy flexible working because it saves them the time and expense of commuting, as well as allowing them to fit their jobs around family responsibilities. Flexible working also offers benefits to employers. Often, flexible workers are more productive, producing better quality work. It also boosts employee retention rates and can even help cut costs on real estate. It’s no surprise that a study by Lancaster University predicts that flexible working will be in place at 70% of companies by 2020.
However, if you barge into your manager’s office tomorrow, demanding to work from home or else, they’re probably going to say no. In this article, we’re going to explain your rights to flexible working, as well as the best way to ask for it. Let’s dive in.
What is flexible working?
The term ‘flexible working’ covers a multitude of changes to your working arrangements. The most common ones are:
The ability to work from home some or all of the time
Changing your hours of work to fit around childcare or other responsibilities
Flexitime – or choosing your own hours
Moving from full-time to part-time employment
Job-sharing
Who can ask for flexible working?
Anyone can ask for flexible working at any time for any reason. It may only require an informal conversation. However, for the purposes of this article, we’re going to look at the laws around flexible working. The law lays out a process for you and your employer to adhere to when you request flexible working. This is called a statutory request.
Since 2014, an employee with 26 weeks’ service can apply for flexible working.
There are no laws around reasons for requesting flexible working. Of course, the better your reasons, the more likely your employer is to agree.
You are only allowed to make a statutory request once every 12 months.
Does your employer have to say yes?
When you make a statutory request for flexible working, your employer is obliged to deal with it in a reasonable manner. They should hold a meeting with you and assess the pros and cons of your request. However, they do not have to say yes. The law states an employer can refuse a flexible working application for any of the following reasons:
It will create additional costs
It will reduce the ability to meet demand
Work cannot be reallocated to other employees
It isn’t possible to recruit new employees
Adverse effect on the quality of output
It will impact performance
There is not enough work to do during the hours you propose
Planned changes to the company structure
You have the right to appeal if your request is refused.
How to ask for flexible working
If you believe flexible working would suit you, it’s time to make your statutory request. Here is the correct way to do it, to give yourself the best chance of it being agreed.
Firstly, put your statutory request into writing. Here is what it must include:
A dated, formal statement of a statutory request, with details of any previous statutory requests
Details of your proposal for flexible working, including the date you propose to start
A rundown of how your flexible working may affect the rest of the business, with a plan to overcome any challenges that may arise
However, to boost your chances of your employer consenting to your request, you should go further. Make a business case for your flexible working – what benefits will it bring to your employer? Will it make you more productive? Will it save them money? Would it lead to you staying longer with the company? Sell the idea to them.
While you shouldn’t rely on the sympathy card, if you are asking for flexible working because your circumstances have changed, you should tell your employer. For example, if you need to change your hours to fit around childcare, mention it. The more information you give, the more informed and considered your employer’s decision will be.
Be prepared to compromise. Your employer may not be able to give you precisely what you ask for, but you may be able to meet somewhere in the middle.
Once you have made your request, you play the waiting game. The law states that the request process must be completed within three months of the request being submitted.
If you need to appeal against your employer’s decision, address each reason for refusal in turn. Explain how you can overcome these challenges.
On your side
If you want to find out more about flexible working or any other aspect of employment law, Couchman Hanson can help. At Couchman Hanson, our solicitors genuinely care about getting the best deal for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly, welcoming and light-hearted. Everything we do fits our values of integrity, honesty and authenticity.
If you would like to find out more, call Couchman Hanson on 01428 722189