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Anyone has the right to make a request to their employer for flexible working arrangements, and there is no requirement that someone be a parent or carer in order to do so.

They must have been continuously employed for 26 weeks, and they can make one request only in any 12-month period.

Statutory Application

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.

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If the request is refused you must provide the reasons in writing, and refusal must be for at least one of the following reasons:

  • The changes would prove too costly
  • The changes would affect quality and performance
  • It would not be possible to reorganise work amongst other employees
  • It would be impossible to meet customer demand
  • The working times proposed are unsuitable
  • There are proposed changes to the workforce

Seek Legal Guidance

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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