Can an employer refuse a request for flexible working?

Posted in : First Tuesday Q&A NI on 4 September 2018
Chris Fullerton
Arthur Cox NI
Issues covered:

Yes, an employer can refuse a flexible working request if the employee making the request is not entitled to do so. In order to be entitled, an individual must:

(a)    Be an employee not simply a worker or agency worker;

(b)   Have a minimum of 26 weeks continuous service;

(c)    Not have made a flexible working application in the previous 12 months.

If the individual satisfies the above criteria, an employer can only turn down the request for one of the following reasons, as contained in Article 112(G)(1)(b) of the Employment Rights (Northern Ireland) Order 1996 (“ER(NI)O”):

  • the burden of additional costs,
  • detrimental effect on ability to meet

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

Back to Q&A's This article is correct at 04/09/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

View all articles by Chris Fullerton