If you have been employed for 26 weeks you can request flexible working.
Your employer can refuse for one of the eight reasons set out in the Code, which are:
- the burden of additional costs
- an inability to reorganise work amongst existing staff
- an inability to recruit additional staff
- a detrimental impact on quality
- a detrimental impact on performance
- a detrimental effect on ability to meet customer demand
- insufficient work for the periods the employee proposes to work, and
- a planned structural change to the business.
You can ask to change:
- the hours you work, for example reducing the hours
- the time you work, for example a later start or earlier finish, and
- working from a different place, such as home.
If you are sure you want to work part-time or change your working pattern when you return to work from maternity leave, you may want to discuss this early so you can arrange childcare and your employer can make plans.
If you are not certain that you want to change your working pattern, it is best to wait before asking for a permanent change in your hours. Your circumstances may alter after your baby is born.
Yes, unless you have an informal discussion with your manager and agree a different work pattern, which is often the best way of proceeding.
The procedure is set out in the ACAS Code on Flexible Working.
You must not be treated badly as a result of your request to change your working hours. For example, if you were not promoted or were made redundant because you are either working fewer hours or asked to change your working pattern, that might be indirect sex discrimination and/or a detriment.
If you are made redundant because you are working part-time this is likely to be indirect sex discrimination unless your employer can show that the job requires a full-time worker. Any redundancy payment is likely to be based on your part-time hours.
Yes, it will usually be a permanent change to your contract unless you ask for it to be on a temporary basis and your employer agrees.
If your request for flexible working is refused without a good reason this might be indirect sex discrimination. See guidance from Acas on flexible working.
You may have a claim against your employer for:
- Failure to consider the flexible working application in a reasonable manner.
- Failure to notify you of a decision within three months of your application.
- Refusing the application without a specified business reason.
A tribunal may order the employer to reconsider your application or make an award of compensation up to a maximum of eight weeks’ pay, the pay being capped at £464 (as at January 2015).
You can ask to change:
- The hours you work, for example reducing the hours
- The time you work, for example a later start or earlier finish.
- Working from a different place, such as home.
If you are made redundant because you are working part-time this is likely to be indirect sex discrimination unless your employer can show that the job requires a full-time worker. Any redundancy payment is likely to be based on your part-time hours.
Last updated: 21 Dec 2018