Sample letter to request flexible working

This is a Precedent “Statutory Flexible Working Request” Letter for you to personalise. All the words highlighted in BOLD are legal requirements for the request to be valid. You must include these. The remainder of the letter is optional however our view is that including this information, where relevant and where possible, will help strengthen your argument and hopefully result in the request being granted.

Download the flexible working request template in Word

For the attention of [Line manager name]

[Date] STATUTORY REQUEST FOR FLEXIBLE WORKING

This is a statutory request under section 80F Employment Rights Act 1996 (as amended by the Employment Relations (Flexible Working) Act 2023).

[I have not previously made a request under section 80F Employment Rights Act 1996 (as amended).]

OR

[I have previously made a request under section 80F Employment Rights Act 1996 (as amended) on [Date (s)] A decision on that request was made on [DATE].] (note –in accordance with this legislation only two flexible working requests can be made in any 12 month period. You can also only have one request live with your employer at a time. )

My current working pattern is… (note – there is no requirement to explain your current working pattern but it is sensible to do so) You can include place, days, hours and times of your work.

I would like my new working pattern to be (note – set out here what arrangements you are looking to put in place, including any changes to place of work, days, hours or times.)

We would suggest if you would consider a number of options to put all of these in, in order of preference. For example, if you want to go from full time (37 hours) to part time (21 hours), and you’d like to work Monday, Wednesday and Friday, put that down as your preferred choice. But if you could also work another pattern, for example any 3 days a week, or every day but 21 hours over 5 days, or if you would consider working full time if two days could be at home; put all of this in your application. The more options you can provide, the harder it will be for your employer to refuse all of them (or the more unreasonable it will make them seem)

I think this new work pattern would have the following effects on the business …. (note – it is no longer a legal requirement to provide this information but showing that you have considered any concerns that your employer, external clients/customers or colleagues may have and demonstrating (where possible) how any impact of your flexible working request can be addressed (see below) will make it more difficult for your employer to reject the request). Be realistic, you know your job so if you know it can’t realistically be done the way you are asking, then think about a way it could work. If you can show your employer that the change is likely to have very little impact, or even better could be positive (for example reduced costs if moving to part time, the opportunity for someone else to be trained in a new area which is good for employee development, satisfaction and retention), two heads are better than one, more cover in holidays (if asking for a job share) these are all positives which may make an employer more amenable to your request.

I think these effects could be dealt with by the following: (note – again this is no longer a requirement but it can be really helpful to include this). Where possible include here how you think your new arrangement could work on daily basis. If you can draw on examples of other people who do a similar job to you and how they have been able to do it flexibly you may want to refer to that too but you should be aware that the fact that an employer has previously accommodated a request may be the reason why they are unable to accommodate yours.  Below are some examples you may want to consider depending on the nature of your request.)

• [A job share partner… (note – consider whether it might be possible for you to agree allocation of work with another colleague so that you are the point of contact for each other when the other person is not there. This may not be appropriate in every case but might work if for instance you were to work 8am – 4pm and your colleague worked 9am – 5pm); you might want to offer to help train a job share partner and agree that a job share partner could contact you at home if required to clarify any issues.)
• [working from home… (note – this will depend on your role and if it is something you want to do. Consider if you have the necessary home environment and work equipment to enable you to work effectively from home e.g. a laptop);]
• [longer hours on a particular day…(note – you may want to offer working longer hours on one day if you are looking to work shorter hours on another); and]

Note how your new arrangements would work in a crisis situation: (note – consider if offering to make yourself available by telephone to deal with emergencies or urgent customer/client requests might assist with addressing business concerns.)

[I am asking for this request in order to…] (note – while there is no legal requirement to do so, the ACAS guidance suggests that employees should state if their request is made in relation to the Equality Act. It may help an employer decide your application if they understand the reasons behind it e.g. to accommodate childcare arrangements, because of a disability (either your own or someone you care for) and it will also alert them to their obligations under the Equality Act in relation to your application.) It is also useful evidence, if your request is refused and you run a discrimination argument, that you have told your employer that the request was for caring / childcare responsibilities.

I would like the new working pattern to come into force on [date] [for [6] months] (note – if your request is agreed, the change will be a permanent change to your terms and conditions unless you make a different agreement with your employer, like agreeing to a temporary trial period) If you only want the change you are requesting to be temporary, e.g. for a year until your child can attend nursery, then make this clear. You will not have the right to go back to your old contracted hours before the flexible working request was submitted unless you make clear your request isn’t for a permanent change.

[Ideally, I would like my new working pattern to be as stated above. However, I would be happy to try a combination of the following: (note – add in here any other options you may be willing to consider, it is good negotiation tactic to offer alternatives) so that my new working pattern causes as little disruption to the business as possible.] I would also be willing to consider any proposals you have.

[Offer a trial period – If you are unable to commit to a permanent contractual change, I would be happy to agree to a trial period  of [ 3/ 6 ] months so that the business can  properly assess if my flexible working request  is a viable option.] (note – if your employer is unsure whether or not the arrangement you have requested can work, offer to do a trial period. You can demonstrate how well it can work and the employer can see if it can work for them too. If you offer a trial period and your employer refuses this as well, their refusal may also look more unreasonable.)

If you are unable to agree my request, I would be happy to attend a meeting to discuss my request in more detail and to be given a chance to address any concerns that you may have regarding my suggested new working pattern.

I look forward to hearing from you.

Signed ……………………………….

Name, Department

EXAMPLE

For the attention of Jane Smith

1 July 2024

STATUTORY REQUEST FOR FLEXIBLE WORKING

This is a request under section 80F Employment Rights Act 1996 (as amended by the Employment Relations (Flexible Working) Act 2023). 

I previously made a request under section 80F Employment Rights Act 1996 on 5^th August 2023.

My job title is Admin Assistant and I am an employee in the Small Business Accounts Department. My current working pattern is Monday to Thursday, 9am to 5pm, with one hour’s lunch per day (28 hours per week).

I would like my new working pattern to be Monday to Friday, 9am to 3pm, with half an hour’s lunch each day (27.5 hours per week)

I think the effects the new pattern would have on the business would be that I would no longer be available between 3pm and 5pm to deal with client queries.

I think these effects could be dealt with by the following:

• my colleagues dealing with queries from my clients at these times. 3-5pm is not a busy time and I have spoken to colleagues who have said they are happy to deal with my clients should they call. I have spoken with Joe Bloggs who has confirmed that he is happy to be a specific contact for my clients between the hours of 3-5pm so I can include his contact details on my out of office so that clients know who to contact in my absence. Similarly, in the hours that Joe Bloggs is not working I have volunteered to pick up any urgent requests which are sent to him. This will ensure continuity of service in the business;
• in addition, I will be able to provide cover at lunchtime, which is busy, by taking a shorter lunch;
• I will be available on Fridays when the office is currently understaffed;
• further, I am happy to make myself available outside of this new working pattern to deal with emergencies.

I am asking for this request in order to care for my daughter. She starts primary school in September and this working pattern would allow me to drop her off and pick her up. I have already requested parental leave to cover the first month when she is on half days, so I would like the new working pattern to come into force on 1^st October 2024.

Ideally, I would like my new working pattern to be as stated above. However, if this is not agreeable, then I would be happy for my working pattern to be 9am to 5pm on Monday and 9am to 3pm Tuesday to Friday so that this request causes as little disruption to the business as possible.  If I am given reasonable notice in certain circumstances, I may be able to arrange for my daughter to be picked up from school by a family member to allow me to work an extra hour.

If you are unable to agree my request, I would be happy to attend a meeting to discuss my request in more detail and to be given a chance to address any concerns that you may have regarding my suggested new working pattern.

I look forward to hearing from you.

Signed

Jim Moore

Jim Moore, Small Business Accounts

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

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