How a request should be made

[ch 10: pages 63-64]

The request must comply with a few basic legal requirements. Specifically, it must:

• be in writing;

• state that it is a statutory request to work flexibly;

• state the change you want and the date you want it to start from; and

• explain what effect, if any, you think the change will have on your employer and how you think this could be dealt with.

A request that misses out any of these four criteria could be rejected as invalid, so it is important to address each one separately.

Disabled workers can ask to work flexibly as a reasonable adjustment to accommodate their disability (section 20, EA 10) (see also page 68). Acas says that employees should make it clear when they are making a request for this reason.

Only one formal request to work flexibly can be made in any 12-month period, counting from the date an initial request is made. Any successful request, once agreed, will result in a permanent change to the employee’s contract terms unless something different is agreed. It is important for the member to understand that they cannot return to their previous way of working unless this is clearly agreed, and to spell out any agreement in writing.

There is nothing to prevent an employer agreeing informally to a temporary change, for example, to deal with short-term study or to recuperate from illness or to adjust to bereavement.