Flexible working: making your application

If you qualify for the statutory right to apply for flexible working, there is a process you must follow.

Making your application - what you need to do

If you are making an application to work flexibly to care for a child, then you must make your application in writing before your child's 17th birthday or 18th birthday if your child is disabled.

Writing your application

Your application must:

be made well in advance of when you want it to take effect
be in writing as a letter or electronically in an email
be dated
state that the application is made under the statutory right to request a flexible working pattern
give details of the flexible working pattern you are applying for, including the date from which you want it to start
explain what effect you believe the new working pattern would have on your employer 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
confirm that you care for, expect to be caring for, a spouse, partner, civil partner or relative or someone, who though not related to you, lives with you
state whether you have made a previous application and when you made it.

You can apply by either:

filling in a form given to you by your employer
filling in a standard form
sending the required information in a letter or email.
Flexible working application form (PDF 258KB)
Help with PDF files
Benefits to business of flexible working - information from nibusinessinfo

What should you include in your application?

If you fail to provide all the required information as set out above your employer should let you know what you have omitted and you will need to re-submit a completed application. Your employer is not obliged to consider the application until it is complete and resubmitted by you.

If you unreasonably refuse to provide your employer with the information needed to assess whether the change should be agreed to, your employer will be entitled to treat the application as withdrawn and you will not be able to make another application under the statutory procedure for another 12 months.

It is always helpful to provide your employer with as much information as possible, including what the benefits to the business might be for you to work flexibly.

Think about what effect any changes will have on your job as you should aim to show that your plans would not harm the business and may in fact enhance it. It may mean, for example, that you are available to provide extra cover at peak hours which would improve customer service. However;

you do not have to provide evidence of a caring relationship
you do not have to provide evidence that you have a parental or caring responsibility
you do not have to demonstrate why the care cannot be provided by someone else

Your employer should take the decision on whether or not your request can be granted on business grounds rather than your personal circumstances. Remember, you're only allowed one application a year regardless of whether a previous application was made for separate caring responsibilities.

Any changes agreed will normally be permanent, unless you agree otherwise. Making a permanent change to your contract of employment is a big step and should not be entered into lightly. If you have concerns about this you might suggest to your employer that a trial period of working flexibly might be appropriate.

Can you withdraw an application?

You can withdraw your application for flexible working and if you you decide to withdraw it, you should notify your employer as soon as possible. This should be done in writing to avoid any misunderstandings. Your application will be treated as withdrawn if you miss two meetings your employer arranges with you about your request.