Flexible Working Rights

Guidance Note 12 to the Employment (Jersey) Law 2003 incorporating Employment (Amendment No.8) (Jersey) Law 2018

This short statement is intended to explain to employers and employees the Flexible Working rights which are set out in Part 3A of the Employment Law.  It is not intended to cover the requirements of the Law, nor does it represent a statement of the Law. It constitutes a guide only and detailed legal advice should be taken in relation to each individual situation. 

To access the flexible working flowchart, please click here.

To access the template form to request flexible working, please  click here.*

*This is a template form, employers may choose to use their own forms rather than this template.

The aim of this Amendment is to:

• Establish the statutory right for employees to request Flexible Working for all employees regardless of the reason for the request.

An employee has the right to make an application to request changes to:

• Their hours of work;
• Their times of work;
• Their place of work.

The application must state the following:

• That this is an application for Flexible Working;
• The change they are requesting and the date that the proposed change would take effect from;
• The reason for the application.

Further applications cannot be made within a 12 month period.

Employer's duties in relation to flexible working application (Art 15B)

Following receipt of such an application (unless agreed within 28 days) the employer should:

• Within 28 days (starting with the day following the receipt of the application) hold a meeting with the employee to discuss their application;
• Advise the employee of their decision within 6 weeks (from the day following the application) in writing stating:
  • Agreement to the application and setting out the change to the employees terms and conditions and the date from which the changes will take affect;
  • Refuse the application stating which of the 6 reason(s) (below) apply to the refusal, provide a clear explanation as to why the reason(s) apply and state the process for appealing the decision.

Reasons for refusing an application (Art 15B(5)):

1. The burden of additional costs;
2. Employer would be unable to meet customer demand;
3. Inability to re-organize the workload among existing employees or recruit additional employees;
4. Detrimental impact on quality or performance of the business;
5. Lack of work during the employee's proposed working times;
6. Adverse affect on the employer's planned staffing changes;

Appeal Process (Art 15C):

• Within 14 days (after the day the notice of the decision is given) the employee can lodge an appeal against the employer's decision setting out their grounds of appeal;
• Within 14 days of receiving the appeal notice the employer will meet with the employee (and their representative should they have one) to discuss their appeal (unless during the 14 day period the employer had decided to agree the application and notifies the employee in writing of this decision);
• Within 14 days of the appeal meeting taking place the employer will notify the employee of their decision.

The rights conferred by Article 78A and 78B apply in respect of any meeting held under paragraph (2) as they do in respect of disciplinary and grievance hearings.

Complaints to Tribunal (Art 15E):

An employee can lodge a claim with the Tribunal within 8 weeks of:

• Being notified of the employers decision in the appeal; or
• The date the breach of the statutory requirement(s) in relation to the flexible working application.

Remedies (Art 15F):

If the Tribunal considers any complaint made under Article 15E to be well-founded an order can be made for:

• A reconsideration of the application; and
• An order for the employer to make a compensation payment to the employee for up to 4 weeks pay.

June 2023