Flexible working requests factsheet

Legal framework 

Employees do not have a right to work flexibly but employers do have a duty to consider requests for flexible working if it is made by a qualifying employee.

If a statutory request is made, employers must follow the prescribed procedure as set out in the Flexible Working (Procedural Requirements) Regulations 2002.

If a request is granted, the effect will be a permanent change in that employee’s terms and conditions of employment.

Qualifying employees

An employee has a statutory right to request flexible working if they have 26 weeks’ continuous service with the employer and have a qualifying relationship with a dependant.

The employee must either be a parent who has, or expects to have, responsibility for the upbringing of a child aged under 17, (or under 18 if the child is disabled) or be caring or expect to be caring for a person aged 18 or over who is in need of care and who is a spouse, partner, civil partner, relative or a person who is living at the same address as the employee.