Employers' FAQs

Contents

I have just received an application for flexible working for the first time. What do I do?

There is a straightforward procedure that you must follow. Firstly, it is best practice for you to write to your employee acknowledging your receipt of the request. If the request has been submitted on the standard flexible working application form FW (A), you can complete the slip at the bottom of the form and return it to him.

You must then arrange a meeting with your employee within 28 days of the date you received their application. This meeting will provide both parties with the opportunity to discuss the desired work pattern in depth and consider how it might be accommodated. You then have 14 days from the date this meeting takes place in which to notify your employee of your decision.  There are standard pro formas available to help employers at each stage of the procedure. 

Of course, you may be happy to accept the request as it is set out in the application. In which case you will not need to hold a meeting. You can simply confirm your acceptance in writing , stating the date when the new working pattern will begin.

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Is there any exemption for small employers?

No, small employers are not exempt from this law.  The duty to consider requests for flexible working was designed with small business in mind. Small employers can benefit from flexible working practices just as much as larger employers. Case studies of small employers who have exploited flexible working arrangements to their benefit are available. 

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How can I make sure that my employee is eligible to make a request - can I ask to see a birth certificate?

The vast majority of employers do not consider it necessary to ask for evidence that their employee is a parent.  But if you do have genuine doubts you can request evidence of their eligibility, which might include the birth certificate.

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What if I can’t grant the person the change they have requested. Can I say “no”?

Yes, of course. The law recognises that there will always be circumstances where, due to the needs of the business, you will be unable to grant a particular request. Therefore, it sets out eight business grounds under which an employer can refuse a request. You may only refuse a request under one or more of these grounds:

  •  burden of additional costs
  • Detrimental effect on ability to meet customer demand
  • Inability to reorganise work among existing staff 
  •  Inability to recruit additional staff
  • Detrimental impact on quality
  • Detrimental impact on performance
  • Insufficiency of work during periods the employee proposes to work
  • Planned structural changes


When refusing a request you must write to your employee stating the ground for refusal and why it applies in the particular circumstances.

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But if I refuse a request, won’t I be taken to an employment tribunal?

Experience shows that if an employee knows their application has been considered properly and there is a sound business reason why it can not be accepted then whilst your employee may not be happy with the outcome they will accept it.

An employee can only make a complaint to an employment tribunal in specific circumstances.  They can not make a complaint simply because they are unhappy with the outcome. The circumstances are:

  • Where the procedure has not been followed correctly
  • Where the employer has based the refusal on incorrect facts.

The law also protects employees for being dismissed or suffering a detriment as a result of making a request and in such circumstances may also be able to make a complaint to a tribunal.

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My employee wants another colleague to attend the meeting to discuss the request. Is it wise to agree to this?

The law allows your employee to be accompanied by one companion to both the meeting to discuss the request and to any further meeting to discuss a subsequent appeal. This companion must be a worker employed by your company, and can include a colleague or trade union representative who works at other premises that form part of the business.

The role of the companion is to support the employee. For example, if the employee has not attended many meetings before, it is possible that he may be nervous. The presence of a colleague can therefore make the meeting more productive for the employer and the employee. The companion is permitted to address the meeting, and to confer with the employee during it, but he may not answer questions for the employee.

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I have had a request to trial flexible working in my organisation. If I agree, does it have to result in a permanent change to my emplyee's terms and conditions?

If an employer agrees to his employee’s request, then the new work pattern constitutes a permanent change to the employee’s terms and conditions.

However, if both the employer and the employee are in agreement, a time limit may be placed on the flexible working pattern, for example to allow you and your employee to assess how the new arrangement works out. 

Any time-limited arrangement has to be agreed by the employer and the employee. The employer cannot impose a time limit. If they do reach an agreement with their employee, then they must record this in the letter to the employee when they accept the request.

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A couple that I employ had a child last year and now both want to work flexibly. Can they both make an application at the same time?

Yes, they can as long as they are both making the request to help care for their child. The law applies to all eligible parents, both mothers and fathers. In this particular situation, you must be careful to consider each application on its merit, and not allow personal knowledge of their family situation to influence your decision. Again, you may only refuse a request under one (or more) of the eight business set out in the law (see Question 4 above)

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I suspect my employee wants to work at home so that she can avoid childcare costs. She will not be able to work and care for her at the same time. What should I say to her?

Use the meeting to explore with your employee how they believe their request will work and to raise any concerns that you may have so that you can resolve any issues.  An employee who works at home is unlikely to be able to work and care for their child at the same time.  Good practice with home working is to agree specific objectives are set beforehand so that both you and your employee know what is expected. 

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What happens when my employee’s child reaches the age of six?

Nothing.  Your employee continues with their working pattern at that time.

Unless agreed otherwise, once a request for flexible working has been accepted it results in a permanent change to the employee’s terms and conditions.  The employee has no right to revert back to their previous working pattern, nor can you insist on such a reversion.

The employee will though no longer be eligible to make any further requests (unless they have another younger child or disabled child under 18).

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