Website of the UK government

Please note that this website has a UK government accesskeys system.

Public services all in one place

Main menu

Employment

Employment

Flexible working and work-life balance: the statutory application process

If you qualify for the statutory right to apply for flexible working, there is a process you must follow.

Making your application

You need to make your application in writing at least two weeks before your child's sixth birthday (18th birthday if your child's disabled).

Your application must:

  • be in writing (whether on paper, email or fax)
  • be dated
  • state that the application is made under the statutory right to request a flexible working pattern
  • give details of the flexible working pattern you are applying for, including the date from which you want it to start
  • explain what effect you believe the new working pattern would have on your employer, and how any such effect might be dealt with
  • either confirm you have responsibility for the upbringing of the child and that you are either the mother, father, adopter, guardian or foster parent or are married to or the partner of them
  • or confirm that you care for, expect to be caring for, a spouse, partner, civil partner or relative or someone who lives at the same address as you
  • state whether you have made a previous application and, if so, when

You can apply by either:

  • filling in a form given to you by your employer
  • filling in a standard form
  • sending the required information in a letter or e-mail

It is a good idea to mention the benefits to the business of flexible working in your application.

You're only allowed one application a year and any changes agreed will be permanent, unless you agree otherwise.

Withdrawing an application

If you decide to withdraw your application for flexible working, you should notify your employer as soon as possible, and in writing, to avoid any misunderstandings.

Your application will be treated as withdrawn if:

  • You miss two meetings your employer arranges with you about your request, or
  • you're asked for information and don't supply it

Discussing your application

Your employer must meet you to discuss your application within 28 days. If the person who'd usually consider your request is absent due to leave or illness, the 28 day time limit will normally run from when they return.

You're allowed to bring a fellow worker to the meeting.

At the meeting your employer might suggest alternatives to the working pattern you asked for, or perhaps a trial period. It is up to you whether to agree to this. Bear in mind that your employer might be unable to agree to your application but may be able to agree a compromise.

Your employer should make sure that they consider your request properly, being sure to avoid any possible discrimination (for example, sex discrimination).

Finding out the outcome

Your employer must let you know their decision within 14 days of the meeting. If you and your employer agree, this time limit can be extended (for exampe, if your employer needs to speak to someone who's on holiday, or your employer is absent through illness after you've applied).

If your request is refused

If your request is refused, your employer must explain why. They must give a reason from the eight set out in the law, along with an explanation of why that reason applies.

You're also entitled to appeal. Your employer must hold a meeting to discuss the appeal within 14 days of you giving notice of your appeal. They must notify you of their decision within 14 days of the meeting.

If your appeal is refused

If your appeal is refused, check with your employer that there hasn't been a misunderstanding of the procedure or facts. If there hasn't, you can complain under the grievance procedure in your employment contract.

You can also take your employer to an Employment Tribunal or, if you and your employer prefer, take the matter to arbitration. You can make this type of formal complaint if your employer has failed to follow the procedure properly (for example, by not holding meetings with you or by rejecting your application on the basis of incorrect facts).

What to do if you have problems

The law protects you if you are dismissed or made to suffer a detriment (for example, refusal of promotion or training) as a result of applying for, being granted or complaining about flexible working arrangements. If this happens, you have the right to complain to an Employment Tribunal.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them..

More useful links

In this section...

Additional links

Access keys