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
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