Flexible working: the law and best practice

Certain employees have the statutory right to make a flexible working request. To be eligible to make a flexible working request a person must:

• be an employee
• have worked for you continuously for at least 26 weeks on the date they make their request
• not have made another statutory request during the past 12 months (unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.)

Further, employed agency workers returning to work from a period of parental leave also have the right to request flexible working.

The right to make a flexible working request is open to all those who meet the above eligibility requirements. It can be made for any reason, and it is not restricted to parents or carers.

The frequency of flexible working requests

Employees can make one application every 12 months unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.

The 12-month period runs from the date the most recent application was made.

Before making a subsequent request, the employee must still meet the eligibility criteria as outlined above.