-strap.svg)
This article was written by Working Families, the UK's national charity for working parents and carers, who Twins Trust is proud to partner with. Their website provides information on all aspects of flexible and family-friendly working. If you have a more complex query, you can contact their helpline.
Working flexibly can help you manage the juggle of caring for children, as well as boosting wellbeing so you can thrive at work and at home.
Finding the right type of flexible working pattern for you
Flexible working comes in all shapes and sizes and the key to successful flexible working is finding the solution that fits you and your role. Here are some examples, but the possibilities are endless!
- Reducing your hours to work part-time
- Changing your start and finish times
- Having flexibility with your start and finish time (sometimes known as ‘flexitime’)
- Doing your hours over fewer days (‘compressed hours’)
- Working from home or elsewhere (‘remote working’)
- Sharing the job with someone else (‘job share’)
- Deciding shifts as a team (‘employee self-rostering’)
- Swapping allocated shifts ad hoc (‘shift swapping’)
- Working with an allocated buddy to alternate shift patterns (‘split team’)
There is often a presumption that some roles can’t be done flexibly, but once you start thinking that your role is made up of different tasks, there is often an element of flexibility in when and how we can complete those tasks.
Your flexible working rights
The UK's Flexible Working Act that came into effect in 2024 means the rights of employees to request flexible working have changed. You can now:
- formally request a flexible working arrangement from the first day in a job
- make two formal (known as statutory) requests per year
- receive a decision from your employer within two months, in which time your employer must consider your request, consult with you if unable to accept the request, and notify you of the outcome (including any appeal)
- submit a request without being required to explain how the arrangement will work, although it may help your case to do so
- expect that your employer will consult with you if they intend on rejecting your request. This should open up a dialogue between you that will hopefully lead to a better outcome
If your employer fails to follow the correct procedure when dealing with a statutory flexible request, you may have specific tribunal claims under the law on flexible working.
Flexible working requests and discrimination
If your request for flexible working is refused, or your employer treats you unfairly in relation to your request, this may also amount to unlawful discrimination under the Equality Act 2010. In particular, if you are making the request due to your childcare or caring responsibilities, refusing the request could amount to sex discrimination. Most employers are aware of their obligations under the Flexible Working legislation but are often unaware of their obligations under the Equality Act, so it is very important to be aware of your rights in this area when making your request. Discrimination law is complex but Working Families have lots of information relating to discrimination and flexible working requests.
How do I ask for flexible working?
Put yourself in the strongest position by putting forward a good case. This involves some preparation:
- If it’s possible, initiate an informal conversation to test the water, this way you may identify any barriers that you can then address in your formal application.
- Research similar jobs to your own that are done flexibly, which can both demonstrate feasibility and give you ideas of how it can work in practice.
- Is anyone in your organisation working flexibly, or submitted an unsuccessful request? Utilising information on what has worked, and what hasn’t, will strengthen your case.
- Anticipate the issues that might arise in your role when working flexibly and offer solutions as to how these can be overcome.
- Suggest a trial period, where both you and your employer can see how the arrangement works in practice and make adjustments.
- If you are making the request for childcare or caring responsibilities, make this clear to your employer and explain why you need the flex requested. It is also a good idea to let them know what the impact will be on you if your request is refused, for example will you be unable to continue working.
When you come to submit a formal written request, make sure it meets the legal requirements. Working Families have a templated letter which can help you with this. Once you’ve made a request, your employer may want to meet with you to discuss, either on the phone or face to face, and for this you can be accompanied by a colleague. Approach the meeting with a solutions mindset and be prepared to negotiate. Focus on what you’d like to get out of the meeting and what would be the next best alternative. Aim high, but be ready to compromise.
An employer can only refuse a request for the permitted business reasons and even if they do refuse your request for a permitted reason, the refusal could still be discriminatory. If your employer has breached the requirements of the flexible working legislation and/or unlawfully discriminated against you, you may want to take further action, including an appeal, raising a grievance or bringing a tribunal claim. It is important to be aware that there are strict time limits for bringing a claim.
Whatever option you settle on, don’t be afraid to experiment. All flexible arrangements take adjustment, and sometimes you won’t get things right from the off. It’s okay to admit if something isn’t working and make changes, because it’s only when flexibility is working for you, that you and your employer will see the benefits.
Get further support from Working Families
Twins Trust is proud to partner with Working Families, the UK's national charity for working parents and carers, who authored and provided this article. Their website provides further information and guidance on all aspects of flexible and family-friendly working to enable everyone to thrive at work and at home. Some of the issues covered include flexible working, returning to work, pregnancy and maternity, statutory family leave and pay, funded childcare and discrimination as a parent or carer.