Can I apply to my employer to work flexible hours?

If you're interested in becoming a freelance writer but you already have a full time job and family commitments, you may want to consider applying to your employer to work flexible hours (sometimes called flexitime or flexi working). The advantage of this is that you can take on more projects for us (which may pay better than your current job) but you still have the security of knowing you have a wage from your employment.

Regarding flexible working hours, the relevant piece of legislation is the Employment Rights Act 1996, as amended by the Employment Act 2002. The short answer is, there is a right to ask for flexible hours, but not a right to flexible hours. A company has many reasons they can give for refusing the request.

Right to ask for flexible hours

Any parent who works as an employee has a right to ask for flexible working hours - if they:

  • have a child who is under the age of six
  • for whom they are responsible.

Some other people have a right to ask for flexible hours – for example, carers.

However, this does not mean the employer has to grant them the flexible working hours. They only have a duty as an employer to fairly consider the request, but not to grant it.

How to apply

You need to make an application to your employer at least two weeks before the relevant child's sixth birthday. It must be:

  • in writing;
  • dated;
  • state that the application is made under the statutory right to request a flexible working pattern;
  • give details of the flexible working pattern the you want to apply for including the date from which you want it to start;
  • explain what effect you believe the new working pattern would have on the company you work for, and how any such effect might be dealt with;
  • confirm you have responsibility for the upbringing of the child and that you are either the mother, father, adopter, guardian or foster parent or are married to or the partner of them; and
  • state whether you have made a previous application and, if so, when.

An email is acceptable as a request 'in writing'.

Your employer must then meet with you to discuss your application within 28 days of receipt or if the person allocated to deal with it is on holiday, e.g. the HR manager, 28 days from their return. You may bring a fellow worker to the meeting with you.

At the meeting your employer may suggest alternatives to the working pattern that you have asked for, or perhaps a trial period. You do not have to agree to them but then should keep in mind that your employer does not have to agree to your requests either and you may be better off agreeing on a compromise.

Your employer has a duty to consider your request properly, and ensure that they do not discriminate. This means ensuring for example that they haven't refused your request but granted it to someone else for no particular reason.

If your request is refused, there needs to be a good business reason why your employer has refused it and they must let you know their decision (with the reason) within 14 days of the meeting. If you and your employer can both agree, this time limit can be extended.

Reasons your request may be refused

If your employer has refused your request, they must explain why. They must give a reason from the eight set out in the law below, along with an explanation of why that reason applies.

These reasons are:

  • the burden of additional costs,
  • detrimental effect on ability to meet customer demand,
  • inability to re-organise work among existing staff,
  • inability to recruit additional staff,
  • detrimental impact on quality,
  • detrimental impact on performance,
  • insufficiency of work during the periods the employee proposes to work,
  • planned structural changes, and
  • such other grounds as the Secretary of State may specify by regulations (there are no others that we're aware of at the time of writing).

Appeals

If your request is refused, you are entitled to appeal. You must give your employer notice of the appeal and then, your employer must hold a meeting to discuss the appeal within 14 days of you giving them that notice. They must then notify you of their decision within 14 days of the meeting.

If the appeal is refused, you may:

  • complain under the grievance procedure in your employment contract, if you have one, or
  • take your employer to an Employment Tribunal or,
  • if you and your employer can both agree, take the matter to arbitration.

This second option is available to you if your employer somehow failed to follow the procedure properly (for example, by not holding meetings with you or by rejecting your application on the basis of incorrect facts).

Your employer is not permitted to dismiss you on the grounds that you made an application to work flexible hours!

This guide was put together by Jen Wiss, F.ILEX. It is not intended to be a substitute for professional advice.

To apply now as a freelance writer, simply fill in our application form.