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So long as you are an employee, you have the right to make a request for flexible working, and your employer must consider that request.  

Your employer can only refuse your request for flexible working on specified grounds, which are:

  • the burden of extra costs;
  • inability to organise work among existing staff;
  • inability to recruit extra staff;
  • detrimental impact on quality;
  • detrimental impact on performance;
  • detrimental effect on ability to meet customer demand;
  • insufficient work for the periods the employee wants to work; or
  • a planned structural change to the business.

You can make up to two requests in any twelve-month period.  

Your employer must not discriminate against you, for example on grounds of sex, when  

deciding whether to agree to your request. Speak to your union rep if you are not sure, or to Citizens’ Advice if you are not a member of a union.  

Improving entitlements to flexible working has been a priority for unions, so if you work for an organisation that recognises a union you may have more generous flexible working rights. For example, there may be no limit on the number of requests you can make, so that you can request a different working pattern if your family’s needs change. You should check your contract of employment and other documents, such as your staff handbook, to find out your entitlement with your current employer.  

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.
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