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This fact sheet will give you some basic information about the laws protecting you from disability discrimination at work. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• Do I have a right to flexible working?
• What is flexible working?
• How do I make a request?
• How should my employer respond?
• What happens if my employer agrees to my request?
• What if my employer refuses my request?
• How do I challenge my employer's decision to refuse my request?
• What if I think my employer's refusal is because of sex discrimination?
• Is it worth making a flexible working request?

Do I have a right to flexible working?

If you are a parent or carer of children, you have the right to request flexible working from your employer. This does not give you a right to work flexibly, but it does mean your employer has to consider you request properly.

You have this right once you have been employed by the same employer for 26 weeks or more. It applies if you are the parent, guardian or foster parent of a child or if you are married to or the partner of someone in this position or expect to have responsibility for a child's upbringing.

You can request flexible working if the child you care for is under six or, if the child is disabled, under 18. You can also request flexible working if you care for someone over 18, although we don't cover this in detail in this fact sheet.

What is flexible working?

Flexible working includes a number of different ways of working, for example:

• changing the working day by starting earlier or later
• flexitime
• changing a shift pattern
• working annual hours or part-time
• job sharing
• working from a different location
• home working.

How do I make a request?

You can make a request for flexible working any time from the birth of your child up to 14 days before his or her sixth birthday.

You can make a request for flexible working any time from the birth of your child up to 14 days before his or her sixth birthday. If the child is disabled, you can make the request at any time until 14 days before his or her eighteenth birthday.

You have to make the request in writing and explain exactly how and when you would like to change your working hours and what effect this will have on your employer. You can only make one request per year and you must say whether you have made a request before and if so when.

How should my employer respond?

Your employer must meet you within 28 days to discuss your request. After that they have 14 days to give you their response. If they refuse your request, they must give you a reason and you can appeal within 14 days of being told the decision. You can take someone with you to any meetings.

What happens if my employer agrees to my request?

If your employer allows your request, they must write to you within 14 days to agree your new work pattern and the start date. This means there is a permanent change to your terms and conditions of employment, so you can't go back to your old arrangement without your employer's permission.

What if my employer refuses my request?

If your employer refuses your request, they must give you the reason. There are a number of reasons they can give, including:

• It will cost too much
• It will make it difficult to meet customer demand
• It won't be possible to re-organise your work among other staff
• It won't be possible to recruit extra staff
• It will have a negative impact on quality and/or performance
• There isn't enough work when you are proposing to be at work
• There are planned structural changes.

How do I challenge my employer's decision to refuse my request?

You can only challenge your employer's refusal if they haven't followed the correct procedure or if their decision is based on incorrect facts. You have to make a complaint to an Employment Tribunal within three months less one day of the refusal or your appeal.

The Tribunal can order your employer to reconsider their decision or order them to pay compensation. This is currently limited to just over £2,000.

What if I think my employer's refusal is because of sex discrimination?

It may be possible to prove your employer�??s refusal to allow you to work flexibly is because of indirect sex discrimination - this is when your employer has a policy or practice which applies to everyone, including men, but which puts women at a particular disadvantage and can't be justified.

For example your employer might require that all employees work full time, or from the office, or that all employees are at work on a given day or at a particular time.

You must make a claim for indirect sex discrimination within three months less one day of the last discriminatory act by your employer. This could be, for example, when your employer refused your request or dismissed your appeal or when you resign or are dismissed.

There is no limit on the compensation you can get from a Tribunal if they find you have suffered from indirect sex discrimination. But proving indirect sex discrimination is very complicated and you should get specialist legal advice as soon as possible if you think it applies to you.

Is it worth making a flexible working request?

You should make a formal request under these procedures even if you are convinced your employer will turn you down. The way they deal with your request could be important evidence for any future indirect sex discrimination claim.

If you are hoping for your new working pattern to be in place when you return from maternity leave, it is important you make the request as soon as possible after the birth of your child because the procedure can take a long time. If not, at first you may have to return to work full time.