Flexible Working

Eligibility: All employees have a statutory right to request flexible working, regardless of the reason and from day 1 of starting employment.

Types of Changes Allowed: 

• Hours of work
• Times of work
• Place of work

Application Requirements: 

• Must state it's a flexible working request
• Detail the change requested and proposed start date
• Include the reason for the request

Frequency: Employees may make 2 requests in any 12-month period

Meeting: Must hold a meeting within 28 days of receiving the application (unless already agreed).

Decision: Must respond within 6 weeks in writing, either:

• Agreeing to the change and confirming new terms 
• Refusing the request, citing one or more of the following 7 reasons: 
  1. Burden of additional costs
  2. Inability to meet customer demand
  3. Inability to reorganize or recruit staff
  4. Detrimental impact on quality or performance
  5. Lack of work during proposed hours
  6. Adverse effect on staffing changes
  7. Other relevant business reasons

Employee Appeal: Must be lodged within 14 days of the decision.

Employer Response:

• Meet with employee (and representative if applicable) within 14 days
• Notify decision within 14 days of the appeal meeting

Employees may lodge a claim before the end of 7 weeks and 6 days of:

• Receiving the appeal decision
• A breach of statutory requirements

If the Tribunal finds the complaint valid, it may order:

• Reconsideration of the application
• Compensation up to 8 weeks’ pay