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They must have been continuously employed for 26 weeks, and they can make one request only in any 12-month period.
A ‘statutory application’ for flexible working arrangements should be issued in writing, stating that it constitutes a statutory application. You must reach a decision within three months, although this may be extended with the employee’s agreement. If you accept the changes, this must be reflected in the contract of employment.
If the request is refused you must provide the reasons in writing, and refusal must be for at least one of the following reasons:
There is no legal right of appeal against the refusal of a statutory application for flexible working. However, an employee may bring a claim to the employment tribunal in certain circumstances. It is therefore important to get legal advice as soon as possible, and the specialist employment law solicitors at Ackroyd Legal have diverse experience in this area and will be able to guide you towards resolution.
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