Q&As

Where an employee’s contractual working hours were permanently varied to part time following a flexible working application, if the employee subsequently wishes to have their full-time hours reinstated, would an employer be obliged to agree this request?

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Published on LexisPSL on 08/11/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where an employee’s contractual working hours were permanently varied to part time following a flexible working application, if the employee subsequently wishes to have their full-time hours reinstated, would an employer be obliged to agree this request?

The wording of section 80F(1) of the Employment Rights Act 1996 (ERA 1996) gives no clear indication as to whether the change to the employee’s contract when a flexible working request is granted is permanent in nature. However, government and Acas guides to flexible working suggest that where an application is accepted, the resultant change to terms and conditions will be permanent. See:

  1. Practice Note: Flexible working—Whether any contract change is permanent or temporary

  2. Gov.UK guidance on flexible working

  3. Acas statutory: Code of Practice: Handling in a reasonable manner requests to work flexibly

  4. non-statutory Acas guide: the right to request flexible working

Thus an employee has no statutory right to have the changes in terms and conditions that are made followi

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