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What is a Flexible Working Request?
A Flexible Working Request is a formal application made by an employee to their employer requesting flexible working arrangements. Flexible Working Requests are used to propose new working patterns. They kick off the statutory flexible working request process, under which the employer has a legal duty to consider the request in a reasonable manner.
When should I use a Flexible Working Request?
Use this Flexible Working Request if you:
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have not already made 2 formal requests for flexible working in the previous 12 months
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would like to submit a statutory (ie formal) request for flexible working (as opposed to an informal request)
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work for your employer in England, Wales, or Scotland
This Flexible Working Request is updated to cover the changes to flexible working law introduced on 6 April 2024.
Sample Flexible Working Request
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Dear ,
FLEXIBLE WORKING APPLICATION
In accordance with the Acas Code of Practice on Flexible Working I would like to submit a statutory request for flexible working.
I currently work . I would like to change this so that I work . This is how I think the new proposed type of working pattern might affect the business:
In dealing with any disruption caused to the business as a result of the flexible working pattern, I suggest the following:
Ideally, I would like the new proposed working pattern to commence from .
I am aware that, if we agree to new contractual terms on the basis of this flexible working request, there will be no automatic change to revert to the previous work pattern. As such, I would like to propose a trial period of .
In line with legal requirements, I confirm that I have been employed for at least 26 weeks and have not made a flexible working request for at least 12 months, the last such request being made on .
I look forward to hearing from you.
Yours sincerely,
| _________________________________ | _________________________________ |
About Flexible Working Requests
Learn more about making your Flexible Working Request
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How to make a Flexible Working Request
Making a Flexible Working Request online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Flexible Working Request you will need the following information:
Party details
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What are the employer's details (eg their name and address)?
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What are your details (eg your name and address)?
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Is this Request made in accordance with the employer’s Flexible working policy or the Acas Code of Practice on flexible working requests (if there is no policy, it will be the latter)?
Your proposed new working arrangement
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What is your current work pattern?
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What is your proposed new work pattern?
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What is the proposed start date for the new work pattern?
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Do you want to propose a trial period for the new work pattern? If so, how long do you want the trial period to be?
Other requests
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Have you previously made any formal flexible working request to this employer?
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If so, when have you made formal flexible working requests during the previous 24 months?
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Request details
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If the employer is a company, partnership or LLP, who is the recipient of the Request?
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On what date will the Request be sent or handed to the employer?
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Common terms in a Flexible Working Request
You can make a request for flexible working to your employer using this Flexible Working Request. To make sure a request meets all legal requirements and communicates all necessary information, this Flexible Working Request includes:
Sender and recipient details
The start of the Flexible Working Request provides details of the employer (to whom the Flexible Working Request is being made) and the employee (the person who is making and sending the Request).
The request for flexible working
The body of the Flexible Working Request sets out the employee’s actual request to the employer, detailing how they would like to change their working pattern. To help the employer provide a swift answer, the Flexible Working Request also details when the employee has recently made Flexible Working Requests (if ever).
If you want your Flexible Working Request to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Request for you to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Flexible Working Request
Consider what type of flexible working would suit you
In your Flexible Working Request, you need to set out how you wish to change your working pattern. It is, therefore, important that you think carefully about how you wish to work under your proposed new working pattern. While working part-time or different hours may seem like the obvious flexible working patterns, consider other arrangements like compressed hours, annualised hours or job-sharing.
For more information, read Flexible working.
Note when you last made a Flexible Working Request
Under the law, employers only have a duty to handle a flexible working request reasonably when you make a formal flexible working request. You can only make a formal flexible working request twice in any 12-month period. This means that if you make a request in excess of this limit, it will be an ‘informal’ request, which your employer may consider. However, they aren’t legally required to deal with it in a prescribed, reasonable manner. It’s recommended that you discuss an informal request with your employer before sending it, as they may advise that they’re either willing or unwilling to consider the request in a reasonable manner.
For more information, read Flexible working.
Understand when to seek advice from a lawyer
Ask a lawyer if:
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this document doesn’t meet your needs
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the reason for requiring a flexible work pattern relates to a disability or other reasons of equality
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you think your Flexible Working Request has been unreasonably rejected
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Flexible Working Request FAQs
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What is included in a Flexible Working Request?
This Flexible Working Request template covers:
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the proposed new working pattern
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when the new working pattern will commence
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the option for a trial period of the proposed working pattern
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eligibility to make this request based on not having already made 2 requests within the previous 12 months
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Why do I need a Flexible Working Request?
A Flexible Working Request is part of the formal process for requesting flexible working. It keeps a record of the proposed working arrangements and demonstrates your eagerness to accommodate the business' interests within a new working pattern.
Flexible working is any working pattern which is different from the norm (eg different to a 9-5 office schedule). Flexible working covers different types of arrangements such as working remotely, working compressed hours or flexitime.
For more information, read Flexible working.
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Who can request flexible working arrangements?
Anyone can make a formal Flexible Working Request provided they meet certain eligibility criteria. To meet these criteria, you must:
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be an employee (ie not a worker or consultant)
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not be an agency worker (unless you have employee status and are returning from parental leave)
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not have already made 2 requests to the employer within the preceding 12 months, and
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not have an outstanding (ie not yet decided) formal flexible working request with the employer (eg you’re not waiting on the outcome of an appeal)
If you’re not currently eligible to request flexible working under this formal process, you can always make an informal request outside the statutory regime.
For more information, read Flexible working.
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What types of flexible working can be proposed in the Request?
Examples of types of flexible working include:
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working fewer or different hours (eg part-time)
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working fewer days (eg annualised or compressed hours)
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working from a different place (eg working from home or hybrid working)
Which type of flexible work you want to request will depend on the specifics of your situation. For more information, read Flexible working.
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What happens after applying for flexible working?
An application for flexible working is usually followed by a meeting with your employer to discuss the proposed working arrangements. If the request is accepted, this will result in a permanent change to your employment contract.
Your employer may also reject the application. However, this can only be done if one of the statutory reasons is met (eg if flexible working would affect the business’ performance), and only following a meeting with you about your request, in which any potential compromise arrangements should be discussed.
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What if my Flexible Working Request is rejected?
Check whether your request was rejected for a valid reason. Your employer should allow you to appeal their decision. Appeals should generally be made within 14 days from the rejection date using an Appeal letter. For more information, read Appealing decisions made by employers.
You may also be able to bring a claim to an employment tribunal if your employer:
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didn't handle the request in a 'reasonable manner'
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dismissed or treated you poorly because of your request
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rejected an application based on incorrect facts
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How long should it take for an employer to consider a Flexible Working Request?
The whole application process, from the initial request to your employer's final decision, should take no longer than 2 months (unless you agree to an extension in writing).
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