Working Flexibly

The name given to any form of working pattern that is different from your current one is flexible working. 

Flexible arrangements for working may include: 

  • Switch from full-time work to part-time work 
  • Changing the part-time hours you work from weekends to weekdays, for example, 
  • Changes in working hours to accommodate school hours, college hours or care arrangements, for example, 
  • Compressed hours, that is, in less days, working your regular hours 
  • Flexible, allowing you to adjust your working hours to the agreed core times. 
  • Working from home or remotely for part or all time self-rostering job sharing, where the shift schedule is drawn up to match your desired times as closely as possible shift working spaced hours, enabling you to start and finish your days at various times off in lieu of annualized hours, where your working time is structured around the amount of hours to be worked over a year. 

For flexible jobs, there are 2 ways to ask: 

  • A Statutory Application 
  • A Non-Statutory Application 

You should verify whether it’s prejudice if your request is denied. 

Making a statutory application 

This is a request made under the Flexible Working Act. This ensures that when negotiating your flexible work request, there is a mechanism set out in legislation that you and your employer need to obey. 

Only these staff have the right to make a legislative request. 

If you can make a legislative order, check if :

You must be an employee to have the constitutional right to ask for flexible working arrangements. On the day you make your case, you must also have worked for your employer for 26 weeks in a row. 

Even if you fulfil the requirements of entitlement, you do not have the constitutional right to request flexible working if: 

You are an agency worker, but agency employees returning from parental leave are entitled to make a flexible work application that you have submitted for flexible work within the previous 12 months, whether or not you have agreed to your application as an employee shareholder, because you have returned from parental leave in the last 14 days. 

You may also make a non-statutory request if you do not meet the requirements for making a statutory request, or make one under the scheme of your employer if there is one. 

Making request that is non-statutory 

You should make a non-statutory one if you are not allowed to make a statutory request for flexible working. This is one that is not carried out under the flexible work rule. There is no fixed process for making an application – it is best to make the request in writing, so what you have requested is transparent. 

Your company could even have its own structure of more generous rules than the legislative system. For instance, regardless of how long they’ve worked for your boss, it could be open to all workers. 

Even if you can make a statutory request, if, for example, the change you’re applying for is minor or temporary, you may choose to make a non-statutory request instead. 

Verify if the move is permanent 

It would mean a permanent adjustment to your contract if your boss agrees to your flexible work request. Both of you should agree to a trial period to ensure that the new arrangements work. 

You would be able to consent to a temporary change with your employer if you don’t want to make a permanent change to your contract. 

How your terms and conditions may be influenced by a flexible working request 

You should be paying at least the same, just on a ‘pro rata’ basis, if you work different hours than those you worked before. 

It’s when you get a share of the equivalent full-time wage to be paid pro rata – for example, if the full-time job is 35 hours a week and you work 17.5 hours, you get half the pay you would get if you worked full-time. 

Often, you can get at least the same pro rata holiday and other perks. 

You will be allowed to bring a petition to an employment tribunal if your boss tries to give you worse terms and conditions because of your new working arrangements. This could involve a charge of discrimination. If you have moved from full to part-time jobs and you are given poorer terms and conditions as a consequence, the same applies. 

Working flexibly would not influence your constitutional rights to jobs, including: 

  • Claiming wrongful dismissal 
  • Written statement of terms and conditions of the statutory minimum notice of the longer duration of maternity leave 

Your right to enter, or stay in, an occupational pension scheme should not be compromised by any change in your working hours. It is unconstitutional discrimination to exempt part-time employees from an occupational pension scheme. 

If your pay goes down when you move to flexible working, it might affect what you get if you’re made redundant.

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