Does the flexible working law provide me with an automatic right to work flexibly?

I have worked for my employer for less than a year - am I eligible to make a request under the law?

Do I have to use the law to request a flexible working pattern – can’t I just ask my boss?

How do I make a request?

I’m about to go on maternity leave. Can I ask to return part-time?

My employer has suggested an alternative working pattern to the one that I want. Do I have to agree to this?

What evidence must my employer provide if he refuses my request?

I made a request that was refused. Do I have to wait one year to make another request?

What happens if my employer doesn’t take my request seriously?

Does the flexible working law provide me with an automatic right to work flexibly?

No. The law gives eligible employees, both mothers and fathers, the right to request a flexible working pattern and places a duty on their employers to consider such requests seriously. It does not provide employees with an automatic right to work flexibly.

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I have worked for my employer for less than a year - am I eligible to make a request under the law?

To be eligible to make a request under the law, you must have worked for your employer continuously for at least 26 weeks at the date the application is made. In addition, an individual must:

• be an employee
• have a child under 6, or a disabled child under 18
• be either
  - the child's mother, father, adopter, guardian or foster parent
  - married to or the partner of the child's mother, father, adopter, guardian or foster parent 
• make the application no later than two weeks before the child's 6th birthday or 18th birthday in the case of a disabled child
• have or expect to have responsibility for the child's upbringing be making the application to enable them to care for the child
• not be an agency worker
• not be a member of the armed forces
• not have made another application to work flexibly under the right during the past 12 months
  

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Do I have to use the law to request a flexible working pattern – can’t I just ask my boss?

You can use whatever option you feel is most likely to get the outcome that best suits you.

Many employers have their own procedure for requesting a flexible working pattern. If your employer has its own scheme, then you may choose to follow this option if you prefer. 

However, not all employers have flexible working policies. In which case, you may feel more secure knowing that you have the backing of the law if your request is not subsequently treated seriously.

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How do I make a request?

You must apply to your employer in writing, stating that you are making a formal request for flexible working under the law. You can make your application in a letter or email or fax, or by using the standard flexible working application form FW (A) provided by the DTI. Alternatively, your organisation may have its own form for you to use – check with your manager.

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I’m about to go on maternity leave. Can I ask to return part-time?

Yes, you can request to return part-time - or to any other working pattern of your choice - when your maternity leave ends. Again, it is important to remember that you have the right to request to return part-time, not the automatic right to work part-time.

It is best to let your employer know well beforehand that you wish to change your working pattern on your return and that you will eventually be making a formal request. Approach him informally as early as possible, ideally before you go on leave, and tell him of your plans so that he knows what to expect.

Wait until the post-natal period before deciding the working pattern that you will apply for (i.e. in terms of hours) because only then will you fully know what your needs will be and the type of working pattern that would best meet these needs.

You will need to state on your application when you would like your requested working pattern to begin. Typically, this will be from the date that you return to work.

In which case, there is nothing to stop you and your employer carrying out the application process – i.e submitting the application and holding the meeting – while you are still on maternity leave, if both parties are willing and able to do so. Alternatively you could send in your application before you return to work and agree with your employer to hold the meeting when you return.

There is no statutory time in which a returning mother has to submit her request. Have a word with your employer and ask if he’d be willing to handle your application before your return.

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My employer has suggested an alternative working pattern to the one that I want. Do I have to agree to this?

As part of the application process, your employer is required to hold a meeting with you to discuss your desired work pattern and how it might be accommodated. If it cannot be accommodated, the meeting also provides an opportunity to see if an alternative arrangement can be reached. 

It may be that your employer is genuinely unable to accommodate your original request, and can prove a legitimate business ground for his refusal, but is willing to offer you another flexible working pattern that he could manage. You don’t have to agree to this, but nor should you refuse it out of hand – employers are under no obligation to offer alternatives if they cannot accommodate a request. 

Both you and your employer should be prepared to be flexible and to explore all possible options. You should also remember that you are only permitted to make one request a year – it may be better to accept a compromise arrangement rather than risk missing out altogether.

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What evidence must my employer provide if he refuses my request?

Your employer may only turn down your application under one (or more) of eight business grounds set out in the law. If he does wish to refuse your request, he must write to you after your meeting has taken place, explaining the business reason for his refusal.

Your employer is not required to provide a lengthy and complex explanation covering each argument in fine detail, nor should you expect one. He simply has to explain to you why your request cannot be accepted and why the business ground(s) he has given for his refusal applies in the circumstances.

The facts quoted in the explanation have to be accurate, and your employer should ensure that he is able to back up any facts should they subsequently be disputed. 

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I made a request that was refused. Do I have to wait one year to make another request?

If you made an informal request for flexible working before April 6^th 2003, the date the law came into force, and that request was refused, then you do not have to wait a year before making an application under the law.

However, if you have used the law to make a formal request since April 6^th 2003, and that request has been turned down, then 12 months must pass from the date your request was made before you make another request. 

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What happens if my employer doesn’t take my request seriously?

If you believe that your employer is not taking your request seriously, then in the first instance you should speak to him to find out if there is a problem with your application. 

It may be that there has been a simple misunderstanding of the process, or your employer may not be fully aware of his duties under the law. Have a word with him, and you may be able to clear up the problem without the need to resort to more formal mechanisms.

Ultimately, if your employer does not consider your request seriously you may be able to make a complaint to an employment tribunal. This is though a last resort after all other efforts have been exhausted. If you are unable to get your employer to consider your request seek advice from your union official or an Acas adviser on 08457 47 47 47.

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