Labour Research November 2019

Law Queries

Flexible arrangements


Q. Can I apply for flexible working so that I can attend a college course one afternoon a week?


A. There is specific provision that allows employees to request time off for study or training under section 63D of the Employment Rights Act 1996 (ERA), although it only applies to organisations with 250 or more employees. 


And you must be an “employee” and have at least 26 weeks’ service.


The procedure for making a request is set out in the Employee Study and Training (Procedural Requirement) Regulations 2010. 


It must provide specified information about the training, including what qualification it will lead to and how it will improve the individual’s work. 


If that approach isn’t suitable in your case, you could make a flexible working request under section 80F ERA. This right now extends beyond those with caring responsibilities. 


But the right to request flexible working is a request for a variation to your contract of employment, so there’s no guarantee you’d be able to return to your existing hours once you have completed your studies. 


If you were to go down this route, it would be a good idea to agree a fixed duration of the variation and seek agreement, in writing, that your hours will revert once the training is complete.