Individual / Employment
All employees have the right to request flexible working. An employer has to abide by a timetable to deal with your flexible working request and it can only be refused on certain limited grounds.
All employees have a legal right to request flexible working arrangements from their employers. Although you do not have the legal right to work flexibly, your employer does have to consider your request for flexible working properly and give adequate reasons in the event that they refuse your request. Also, in some circumstances, an unjustified refusal to allow your request may amount to sex or disability discrimination.
Sometimes problems can arise for people already working flexibly, perhaps because they receive less advantageous benefits than their colleagues, or if an employer decides the arrangement is no longer working.
Flexible working can raise a number of complicated legal issues. Each case needs to be assessed on a case by case basis and it’s always sensible to seek legal advice if you want to make a flexible working request, a flexible working request is refused, you’re looking for help with a flexible working appeal or if you are a flexible worker who is being treated unfairly by their employer.
We can assist with:
With extensive experience in advising on flexible working rights and related discrimination matters, you can trust that you are in the best hands for achieving the desired outcome. Once we have all the relevant information from you, we can assess the best way forward for you and advise on how to best protect yourself.
To discuss your flexible working requirements and related discrimination matter or to find out more information about how we can help, please contact our employment team today on 0161 930 5151 or send us an e-mail to employmentteam@gorvins.com.
Alternatively, you can contact us using our online form.
No. Under the new rules, you no longer have to explain what effect your change will have on the business or how the employer might manage it. The burden has shifted more toward the employer to prove why it won’t work.
You can now make two formal statutory requests in any 12-month period. This is helpful if your personal circumstances change unexpectedly, such as a change in caring responsibilities or a health diagnosis.
If your contract already states you are a remote or hybrid worker, they may be trying to make a unilateral change to your contract, which could lead to a constructive dismissal claim. If you were originally office-based, we can help you submit a formal statutory request to protect your remote status.
Employers must now provide a final decision (including any appeal) within two months of your request. If they take longer, or if they fail to consult with you properly before saying “no,” you can take the matter to an Employment Tribunal.
Generally, no—unless your hours are reduced. If you are doing the same job and the same hours from home, a pay cut could be a breach of contract or even discriminatory. We can review your “Work from Home” policy to ensure your benefits remain protected.
First, we help you lodge a formal appeal. If the employer remains unreasonable, we look at whether the refusal constitutes indirect sex discrimination or a failure to make reasonable adjustments for a disability. These claims carry much higher compensation than a simple “failure to follow the flexible working procedure.”
