Flexible Working Claims

How our Flexible working claims specialists can help

More and more businesses are adopting flexible working options, which enables a bigger freedom in the working days of employees. Some may use flexible working to make sure they can fit in health appointments, or the school run, or to manage their time better in alignment with mental health. In any case, employees have a right to request flexible working arrangements, and sometimes employers may disregard this.

Our team of employment solicitors can help you if you feel your requests aren’t being taken seriously by your employer.

Flexible working as an option for employees

Since the COVID-19 pandemic hit and businesses were forced to adopt full-time working from home policies, more and more employers are embedding “flexible working” into their workplace cultures.

However, there are instances where a flexible working request may be ignored, or rejected by your employer. If you’ve made a reasonable request and are finding yourself up against rejection for no good reason, you may be able to make a flexible working tribunal claim.

Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.

Flexible working claims frequently asked questions

What is the flexible working ‘day one right’? toggle accordion

Currently, you have the right to request flexible working after completing 26 weeks’ service with your employer. However, recent consultations and discussions have suggested that this may be changed to a “day one right”, whereby you can make requests on your first day if you wish to.

Does ACAS have a flexible working policy? toggle accordion

Under the Employment Rights Act 1996, employees are entitled to make requests for flexible working to their employer. Requests must: Be submitted in writing;

Include the date, details of the flexible working and when you wish for it to happen;
Explain how this change in working would impact you as an employee;
Include a brief statement of the request being statutory.

According to the ACAS Flexible Working Code of Practice, employers must consider all requests and “arrange to talk with the employee as soon as possible after receiving their written request.” Your employer is only required to hold a proper meeting with you if they intend on rejecting the request. As an employee you are allowed to bring a colleague with you to this meeting. Find out more about the ACAS Flexible Working Policy >>

On what grounds can I take action against my employer? toggle accordion

You may be able to take legal action against your employer in the following scenarios:

You have submitted a reasonable flexible working request and they have rejected it with no reason;
You have followed the statutory procedure for flexible working and your employer has refused to acknowledge this, or follow statutory procedure themselves.

There may be cause for a flexible working discrimination claim, depending on the actions of your employer following your request.

What is the ACAS Arbitration Scheme? toggle accordion

You may decide to try and settle your flexible working dispute with your employer by way of conciliation. If conciliation doesn’t work, you could then try the ACAS Arbitration Scheme. Failure to handle a statutory flexible working requests in a reasonable manner can be the subject of a tribunal claim under s.80H of the Employment Rights Act 1996. You can pursue your claim at the Employment Tribunal if:

You can prove that your statutory request was not given reasonable consideration;
The statutory request procedure was mishandled and your legal rights were infringed;
You were the subject of discrimination;
Your employer dismissed you for making a flexible working request.

Arbitration is free, voluntary and legally binding.

Our approach to flexible working claims

Understanding the nature of your flexible working arrangements with your employer
Working closely with you to identify what’s happened
Doing what we can to achieve the best outcome for you

Funding your employment claim

A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.

To learn more about funding your employment claim click here >

Our no win, no fee arrangement

We have a no win, no fee arrangement available, which is known as a Damage Based Agreement (DBA). A DBA is where the payment of our fees depends upon the success of the claim. This means that if the case is won or settlement terms are agreed, we would be paid by taking a percentage of the compensation that you are awarded. We are one of the only employment law firms in the UK to offer Damaged Based Agreements (DBAs) for all types of claimant employment cases.

Are there other fees?

Do you offer a fixed fee option?

Kind words from our clients

Flexible working discrimination claims

If you were to make a flexible working discrimination claim, there are a number of points to consider:

Although you are currently limited to making statutory flexible working requests after 26 weeks’ service (until the day one rule is implemented), you can make these requests on day one of your employment under equality law;

Under current Flexible Working Regulations, you are only permitted to make one flexible working request per year. However, this limit doesn’t exist under equality law;

If you make a flexible working request due to childcare or disability needs, this might be protected by equality law.

If you want to find out more about discrimination claims and how we could help you, see our employment discrimination page >>

Our Flexible working claims experts are here to guide you

Get in touch with our no win, no fee Flexible working claims solicitors today

If you need to talk to someone straight away you can call us for free on 0808 164 0808

Complete our form for a callback as soon as possible

Other Employment Claims claims we can help with

Discrimination at work → Contractual advice & disputes →

Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.