Flexible working

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Flexible working
  • Key principles
  • Effect of coronavirus (COVID-19) pandemic and hybrid working
  • Benefits and challenges of working from home
  • Effect of coronavirus pandemic on flexible working requests
  • Requests outside the statutory scheme
  • Who is eligible to make a statutory request
  • Agency workers
  • Armed forces
  • Flexible working patterns available under the statutory scheme
  • More...

Flexible working

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814, which provide (among other things) that any compensation for breach of the right to request flexible working payable to an employee who has been furloughed under the Coronavirus Job Retention Scheme (CJRS) is calculated on the basis of their normal wages, rather than a reduced furlough rate, are considered in Practice Note: Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments. See also: Effect of coronavirus (COVID-19) pandemic, below.

An employee with at least 26 weeks' continuous service (see: Who is eligible to make a statutory request, below) has the statutory right under section 80F of the Employment Rights Act 1996 (ERA 1996) to make an application or request to their employer for flexible working, ie to change their terms and conditions relating to:

  1. how many hours they are required to work

  2. when they are required to work, and/or

  3. where, as between their home and their employer’s place of business, that work is done

Key principles

This Practice Note examines:

  1. the statutory framework for making, and responding to, a request

  2. the practical considerations for the employer in dealing with a request, including:

    1. requests made outside the statutory scheme (see: Requests outside the statutory scheme below), and

    2. requests that

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