Many people (including lawyers) believe that there is a statutory right of employees to flexible working under
UK law. This is incorrect. The law provides a statutory right of "qualifying employees" with 26 weeks service with his/her employer who are parents or carers of adult dependants only to request flexible working.
Employers should hold a meeting with employees within 28 days of receiving a written request and give their decision within 14 days. An employer is only able to refuse a request for flexible working where there is a clear business reason.
Employees have the right to appeal against a decision refusing flexible working. However, employers should be aware that problems can occur when a request for flexible working is rejected and could give rise to claims of indirect discrimination.
Employers are advised to seek professional advice when an employee requests flexible working.