Checklist - Flexible Working Arrangements: Rights and Responsibilities of Employees and Employers

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Employees’ rights

• To request a variation to their hours of work, days of work or place of work.
• To have their request considered properly in accordance with the set process and refused only where there is a Recognised Business Ground for doing so.
• Where a request is refused, to have an explanation for the ground for refusal.
• To seek assistance from the Department of Labour.
• In certain circumstances, take a complaint to mediation and the Employment Relations Authority.

Employees’ responsibilities

• To ensure their request is valid by checking that all the eligibility criteria are met and that they have provided all the necessary information.
• To ensure the request is made well in advance of when they want it to take effect.
• To provide enough information to enable their employer to give their request proper consideration.
• To be prepared to discuss their request in an open and constructive manner.
• If necessary, be prepared to be flexible themselves in order to reach an agreement with the employer.

Employers’ rights

• To reject a request where there is a Recognised Business Ground for doing so.
• To seek assistance from the Department of Labour.

Employers’ responsibilities

• To consider requests properly in accordance with the set process.
• To adhere to the time limits contained within the process.
• To provide the employee with appropriate support and information during the course of the request.
• To refuse a request only where there is a Recognised Business Ground and to explain to the employee why it applies.
• To ensure that any variation of the process is agreed in advance with the employee and recorded.

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