Law queries

We understand that employees now have a new right to request to change to more flexible working arrangements. What are the circumstances where an employee can make the request and what reasons can an employer give for turning it down?

An employee with a child under the age of six can make a formal request to work flexibly if the reason for the request is to enable the employee to care for the child. The employer can refuse but only if there are "clear business grounds" for the refusal. These are not defined in the legislation but are likely to include cases where there might be significant cost or staffing difficulties.

There is a procedure for making the request, which requires the employer to hold a meeting with the employee to consider it. The employee can bring a colleague or rep along to the meeting. Any change to more flexible working becomes a permanent change to the contract, unless the parties indicate otherwise.

More information: The new LRD booklet Working parents - a guide to the new rights, published last month, gives information on the new statutory right to request flexible working.