Employers today can expect to get requests from staff who want to work hours that suit their lives better. A flexible working request can include requests to change hours, timing and location.

The law limits the people that have the right to make flexible working requests to employees; those employed for at least 26 weeks continuously; and either a parent responsible for the care of a child under six years old, or 18 years old if the child is disabled, or a carer for an adult in need of care. The only people specifically excluded from making a request are agency workers and members of the armed forces, and those that have already made a request in the past 12 months.

An employee must apply in writing, stating that the request is under the statutory right to request flexible working and explaining how he/she is eligible to apply. The application must also contain details of the flexible working requested, and the date that this change would become effective.

When considering a request, it could be that you decide to grant it only on the basis of the employee’s application. Here you send the written response to the employee within 28 days. If, however, you would like to discuss the request with the employee, this should be done during a meeting which should be held within 28 days.

The employee has the right to be accompanied at the meeting by a companion, who must be another employee or a trade union representative who works at other premises as part of the business.

The outcome of the meeting must be delivered in writing within 14 days. If you need more time to make a decision, you must seek the employee’s agreement to an extension of another 14 days.

In granting the request you must notify the employee in writing, showing the date, with details of the changes to the work pattern and the date from which they are to become effective. You can only refuse a request because of the burden of additional costs; detrimental effect on ability to meet customer demand; inability to re-organise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; and planned structural changes.

If you refuse, you must notify the employee in writing, showing the date. You must state one of the reasons listed above as the basis, and explain why this reason applies.

In the notification of refusal, you must also set out the procedure for appeal for employees who are not satisfied with your decision. An employee has 14 days after receiving the notification of refusal to submit an appeal in writing. On receiving an appeal request, you must hold an appeal meeting within 14 days. Again, the employee has the right to be accompanied by another employee or a trade union representative who works at other premises as part of the business. The outcome of the appeal must be delivered in writing, showing the date, within 14 days. If upholding the appeal, you must provide details of the work pattern agreed, with the date that it is to take effect. If dismissing the appeal, you must state the reasons, referring back to the employee’s reasons for appeal and providing explanations for the refusal.

After the appeal meeting an employee can, however, make a complaint to an employment tribunal. The employee should lodge their claim within three months of the employer’s breach of procedure, or within three months of notification of the appeal decision.

The employment tribunal can order you to reconsider the employee’s request by following the correct procedure. The maximum amount that the employee can be awarded is eight weeks’ pay if there is no discrimination. The week’s pay is capped to a legal limit.

Jonathan Exten-Wright is a partner specialising in employment law at international law firm DLA.