Statutory right to request flexible working
Employees wishing to change their working arrangements should tell their manager first and advise that they may submit a formal flexible working request.
We encourage employees to use a personal support passport (PSP). This will help them discuss and share information about personal circumstances which may impact them at work, whether this is:
- emotionally
- behaviourally
- practically
The individual circumstances may benefit from flexible working in-line with this policy.
A discussion encourages managers and employees to work together to resolve issues at an early stage. Where possible arrangements can be agreed informally.
Employees can apply to vary:
- the number of hours they work
- the times they work
- their place of work
Working from home as part of smarter working does not require a change of contract.
Where a change impacts the number of hours worked, this will also affect:
- pay
- annual leave entitlement
- pension contributions
Employees can make daily decisions, in agreement with their manager, about where they will work. We will consider the location and equipment available to deliver the job. Some roles will have less flexibility and require employees to work from specific locations.
How to submit a request to change your working arrangements
Managers can discuss and agree flexible working informally at any time including as part of an employment offer. After an informal discussion, your manager may require a formal flexible working request where:
- the team is small
- there are a number of flexible working arrangements already in place, or
- there are a number of factors to consider
All formal flexible working requests will be treated in the same way.
A formal flexible working request must be in writing and include:
- the date of application
- the change to working conditions sought
- the effective date of the change
- a statement that this is a statutory request
- if and when a previous application was made
- if the request relates to something covered by discrimination law (Equality Act 2010). For example, to make a 'reasonable adjustment' for a disability
Download a flexible working application form.
By law, we will consider all requests, including appeals, promptly. We will decide within two months of receiving the written application. We may agree to an extension period with the employee.
The manager will meet with the employee as soon as possible to discuss the request in more detail. If we approve the request, a meeting is not required.
Where we arrange a meeting, employees’ are entitled to be accompanied by a work colleague. If either can’t attend the meeting, we will re-schedule it within five days.
We can consider the request withdrawn. This also applies to appeal meetings.
The manager will consider the request carefully, including any benefits and adverse business impact.
We will consider each request on a case-by-case basis. The manager will explore available options if the original request is likely to be refused. Agreeing to one request will not set a precedent. It will not create the right for other employees to be granted a similar change.
The manager will inform the employee of the decision in writing. If refused, the outcome letter will explain the employee's right to appeal.
Where we agree to a flexible working request, it will be a permanent change to terms and conditions unless otherwise agreed.
We will issue a contract change.
We may agree to a trial period to ensure the benefits for ourselves and the employee. We will confirm trial periods in writing in the outcome letter. We will schedule a formal review.
If we refuse a request, it must be due to one or more of the following reasons, as set out in the legislation:
- the burden of additional costs
- an inability to reorganise work amongst existing employees
- an inability to recruit additional employees
- a detrimental impact on quality
- a detrimental impact on performance
- a detrimental effect on the ability to meet customer demand
- insufficient work for the periods the employee proposes to work
- a planned structural change to the business
- regulatory restrictions as laid down by the Secretary of State
Appeal
Employees may appeal against a decision to their request for flexible working if:
- they believe the procedure has not been followed correctly, or
- the reason for refusal does not fit the statutory criteria for refusal
Employees must give us written notice of their appeal within ten working days of receiving the refusal letter. It must set out, in writing, the grounds for appeal.
Appeals will take the form of a review of the procedure and the case. We will undertake reviews at the earliest opportunity. The relevant head of service will consider the case.
The appeal outcome is final. No further internal right of appeal exists.