Letter to Request Flexible Working

What is a letter to request flexible working?

A letter to request flexible working is a letter used by an employee to ask for flexible working arrangements to be made for them.

Is it mandatory to have a letter to request flexible working?

Yes, It may be mandatory to have a letter to request flexible working if the employer's policy (e.g. work from home policy) requires such requests to be made by a formal letter. Even where the employer has no such policy, it is recommended for the employee to use a letter to request flexible working for record purposes.

What has to be done once a letter to request flexible working is ready?

The letter to request flexible working should be sent to the employer by the employee. In most circumstances, it should be addressed to the manager or a representative of Human Resources.

Where the request has been made by an employee, the employer must respond to the request within three months from the date the request was made (or longer if the parties mutually agree to this). Where an employer refuses an employee's request, they may only do so on a recognised legal ground. Where the request has been made by a worker, the business should endeavour to respond in line with any policy they have for dealing with such requests.

If an agreement is reached regarding flexible working arrangements, the business/employer will need to consider whether a new contract for employment or contract for work is required given any changes to working hours or places of work. Alternatively, an employer may choose to create a standalone remote work agreement.

When can an employer refuse a flexible working request?

An employer can refuse a flexible working request where:

• The flexible working will affect job performance and quality;
• It will be too expensive to implement flexible working (e.g. the employer will have to hire new staff to cover the flexible working times);
• It does not fit with the business structure; or
• It will affect meeting customer demand.

What should a letter to request flexible working contain?

A letter to request flexible working must contain:

• Details of the employee;
• Details of the employer;
• Details of the employment; and
• The employee's or worker's current working arrangements and why a change is needed.

Which laws are applicable to a letter to request flexible working?

• Section 80F of the Employment Rights Act 1996 (for those operating in England and Wales)
• Employment Rights (Northern Ireland) Order 1996 (Northern Ireland)
• Government guidelines regarding working safely during COVID-19 (guidelines available for each country in the United Kingdom)
• The ACAS Code of Practice of Flexible Working Requests (for those operating in England and Wales)
• The Labour Relations Agency guidelines regarding flexible working (for those operating in Northern Ireland)
• The Equality Act 2010 (for those operating in England and Wales)
• The Disability Discrimination Act 1995 (the relevant section being applicable in the whole of the United Kingdom)

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.