Can an employer refuse a request for flexible working?
Posted in : First Tuesday Q&A NI on 4 September 2018
Chris Fullerton
Arthur Cox
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
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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.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton