What are your rights when it comes to hybrid working?

As of 6th April 2024, workers now have the right to request flexible working from day one of employment. This replaced the previous law, which required workers to be in their role for 26 weeks before they could make the request. 

Illustration of a woman walking to her desk beside a window.
Pixabay/Elf-Moondance

Flexible working covers a wide range of adjustments to working hours, including hybrid working, remote working and compressed hours. Employees request flexible working by submitting a statutory application. 

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The application must be made in writing. Gov.uk suggests using a template for your application created by Acas.

The law states that employers must deal with requests in a ‘reasonable manner’. They have to respond within 2 months. 

An employer can refuse a request for flexible working if they can provide solid business reasons for doing so. Gov.uk suggests that reasons might include damaging costs incurred by approving the application, a negative effect of flexible working on productivity or performance, and inappropriate suggested working times. 

If the employer agrees to the request then the new flexible terms must be added to the employee’s contract within 28 days of approval. 

If the request is refused then an employee may have the right to appeal but this depends on individual company policies. An employee can also take their employer to a tribunal under certain circumstances but this is not permitted simply because the request was turned down. 

Tips for Requesting Flexible Working

There are some actions you can take to increase your chances of approval for a flexible working request:

  • Consider the impact of your request on your company. A business won’t approve a flexible working request that will increase business costs or reduce productivity.
  • Talk to your employer. Meet with HR or your line manager to discuss your request before submitting it. This will help you to identify any possible challenges and also to set out the reasoning behind your request.
  • Be clear about what you’re asking for. Set out the mode of flexible working you are requesting, when you want it to begin and how this adjustment will affect you.

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