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The Right to Request Flexible Working – Downloadable Form

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"The right to request flexible work and the duty to consider".

From 6 April 2011 the Government has extend the right to request flexible working to parents of children under the age of 18.

Under the flexible working Regulations, employees can ask to change the number of hours they work, the times when they work or the place of work (e.g. working from home) either the whole or part of the week.

It must be remembered that the legislation gives an employee the ‘right to request flexible work’. An employer then has the ‘duty to consider the request’ but can refuse an application as long as the rejection is based on one or more specified business grounds.

Employees who are eligible

In order to request the right the employee must:

  • Be an employee (not an agency workers)
  • have a child under 17 (under 18 from 6 April 2011)
  • have worked continuously for the employer for at least 26 weeks on the date the request is made
  • not have made another application to work flexibly in the last 12 months

The employee can only make an application to care for either:

  • a disabled child who is under 18, and who is in receipt of disability living allowance
  • certain adults who require care

The Department for Business, Innovation and Skills (BIS) has published a flexible working application form for employees to use when applying to their employer for flexible working under the right provided in law to help eligible employees care for their children or for an adult.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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