Can an employer refuse a request for flexible working?
Posted in : First Tuesday Q&A NI on 4 September 2018 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.
Log in now to read the full articleDon't miss out, start your free trial 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
More from the First Tuesday Q&A
-
What is 'safe leave’ and what does this mean for employees who have experienced domestic abuse?
Posted in: First Tuesday Q&A NI on 03 May 2022
-
National minimum wage increased on 1 April 2022, what can happen if employees' wages are not increased?
Posted in: First Tuesday Q&A NI on 03 May 2022
-
If an employee requests voluntary redundancy is their employer still bound by dismissal procedures?
Posted in: First Tuesday Q&A NI on 03 May 2022
-
If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?
Posted in: First Tuesday Q&A NI on 03 May 2022
-
What are the relevant updates regarding right to work checks?
Posted in: First Tuesday Q&A NI on 05 April 2022
Disclaimer:
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.