Advice: New flexible working laws – the facts

The right to request flexible working is to be extended to all employees in April.

The Children and Families Bill will mean it's not just parents and carers who will be able request flexible working hours by law.

There will be no restrictions on the reason for ?the request. So if you fancy taking time off to do a cooking course or want to help with the grandchildren, from April you have the right to request flexible working, and your employer has a statutory obligation ?to consider it.

Some employers may see the new law as an operational headache, but it could motivate talented members of staff and increase productivity. Employment law specialist Charlotte Black has the facts.

The law as it stands

You can only request flexible working if you are a parent with a child under 17, or under 18 if disabled, or you are a carer. You must be making the application to care for a child.

When will the law change?

When the Children and Families Bill comes into force in April, everyone will have the right to ask for flexible working provided they have at least 26 weeks' employment with the company. You are able to make one flexible working request within a 12-month period.

Will I need to have to give my boss a reason?

No. Previously it was a condition of flexible working that your purpose was to care for a child or adult. However, that element of the Employment Rights Act 1996 will be repealed.

Does my boss have to grant my request?

No. Employers are not obliged to grant your flexible working request, but they must consider your application, and they should "deal with the application in a reasonable manner”.

What reasons can employers give for turning down my request?

Employers can reject flexible working requests due to:

• The burden of additional costs.
• A detrimental effect on the ability to meet customer demand.
• An inability to reorganise work among other employees.
• An inability to recruit additional staff.
• A detrimental effect on performance and quality of work.
• Insufficient work when the employee proposes ?to work.
• Planned structural changes.

Tips for successful flexible working requests

• Ensure the request is made clearly and concisely in writing.
• Be as specific as possible. Do you intend to job share? Reduce your hours? Change the days or place of your work?
• Think about how the above changes will affect your productivity, your role and your team, and attempt to explain how, if granted, the changes will cause minimal impact to the business.
• Talk about the request with your employer.
• If the request is refused, consider whether your application was considered fairly, reasonably and whether your application contained all of the most important information.