Flexible working and discrimination

Employers must not discriminate when handling requests to work flexibly, for example, by interfering without justification with established work-from-home or part-time arrangements. Only employees can request flexible working, but all workers, including agency workers, are protected from discrimination under the EA 10 (see Chapter 7).

Agency workers also have separate equality treatment rights as to pay, hours and holidays under the Agency Workers Regulations 2010 (see Chapter 2).

Requests from part-time workers to work flexibly must not be treated less favourably than requests by comparable full-time colleagues. Any difference must be objectively justified to avoid breaching the Part Time Workers Regulations 2000 (PTWR) (see page 46).

Employers can limit the risk of unlawful discrimination by basing their flexible working policy on a proper equality impact assessment (EIA) and by consulting properly – with the union where one is recognised.