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Who can apply for flexible working?

Under the Employment Relations (Flexible Working) Act 2023, all employees in the UK have the right to request flexible working from day one of their employment. This replaces the previous rule that required 26 weeks of continuous service before making a request.

Flexible working can include:
 Remote or hybrid working
 Part-time hours
 Compressed hours (working full-time hours over fewer days)
 Flexitime (choosing start and finish times)
 Job sharing
 Annualised hours (working a set number of hours per year with flexibility on when)

How to apply for flexible working

Employees must make a formal written request, including:
1. The date of the request.
2. The type of flexible working arrangement requested.
3. The start date for the change.
4. How the proposed change may affect the business and possible solutions.
5. Whether a previous request has been made (employees can make two requests per year under the new law).

Employers must respond within two months, either approving or rejecting the request.

When can an Employer refuse a flexible working request?

Employers can only refuse a request for one of the following reasons:
 It would cost too much.
 The work cannot be reorganised among existing staff.
 It would negatively affect quality or performance.
 It would impact customer demand.
 There is not enough work available during the requested times.
 The business is planning structural changes.

Employers are encouraged to consult with employees and explore alternative arrangements before rejecting a request outright.

What to do if your request for flexible working is refused

If your request is denied, you have several options:

1. Appeal the decision
 While there is no legal requirement for an employer to allow an appeal, many workplaces have an internal appeals process.
 You should explain why you believe the decision was unfair or how it could work differently.

2. Raise a grievance
 If you believe the decision was unfair, you can raise a formal grievance under your employer’s grievance procedure.
 This is a way to challenge the decision while staying within company policies.

3. Claim for unfair treatment or discrimination
 You may have legal grounds to challenge a refusal if:
o The employer did not follow a fair process or respond within two months.
o You were treated unfairly for making the request.
o The decision indirectly discriminates against you (e.g., if you are a parent, carer, or disabled worker).

4. Take your case to an Employment Tribunal
 If all internal options fail, you can take your case to an Employment Tribunal for:
o Failure to follow the correct process.
o Unfair dismissal (if you were dismissed for making a flexible working request).
o Discrimination (if refusal disproportionately affects certain groups, such as parents or disabled employees).

You must contact ACAS (Advisory, Conciliation and Arbitration Service) first for Early Conciliation before proceeding to a tribunal.

The right to request flexible working is now available from day one of employment, giving all workers more opportunities to balance their job with personal responsibilities. While employers can refuse a request on business grounds, they must follow a fair and reasonable process. If a request is unfairly refused, employees have several options, from appealing internally to taking legal action.

This article was brought to you by Kidd Rapinet’s employment solicitors. You can book an appointment with any of the employment lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided or seek support from ACAS, or trade unions

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Flexible working rights in the UK: How to apply and what to do if refused appeared first on Kidd Rapinet.

In the UK, you are entitled to return to the same job after maternity leave, subject to certain conditions. This is protected by employment law, specifically the Employment Rights Act 1996 and the Equality Act 2010.

Return to the same job

• If you take ordinary maternity leave (up to 26 weeks), you are entitled to return to the same job on the same terms and conditions as before.
• If you take additional maternity leave (more than 26 weeks, up to 52 weeks), you also have the right to return to the same job, unless it is not reasonably practicable for your employer to do so. In such cases, they must offer you a suitable alternative role that is similar in terms of pay, status, and responsibility.

Terms and conditions

• While you are on maternity leave, your terms and conditions of employment (such as pay, holiday entitlement, and pension rights) are protected. This means that when you return, your employer must ensure that you have the same terms and conditions as before you left.
• However, if changes are made to your role or terms and conditions during your absence, your employer must ensure that the changes do not negatively impact your ability to return to the same or an equivalent role.

Exceptions

• If your employer can demonstrate that returning you to the same job is not practicable (for example, if the role no longer exists or the business has significantly changed), they must offer you an alternative role that is equivalent in terms of pay, duties, and status.
• If no suitable alternative job is available, or if you feel the new role offered is unsuitable, you may have the right to claim unfair dismissal or discrimination if the changes are seen as unfair or discriminatory.

Health and safety considerations

• If you have returned to work after maternity leave and find that the conditions of your job (e.g., physical demands or exposure to certain risks) are detrimental to your health or well-being, your employer may be required to make reasonable adjustments, such as adjusting your duties or offering alternative work.

Action steps if you face problems returning to work after maternity leave

• Discuss with Your Employer: If there are any issues with returning to your job (e.g., a change in your role or an unsuitable alternative), speak with your employer to understand the reasons and try to resolve the issue amicably.
• Seek Advice: If your employer does not offer you your same job or a suitable alternative, you can seek advice from ACAS or take legal advice for further guidance.
• Employment Tribunal: If you believe you have been discriminated against or unfairly treated when returning from maternity leave, you may have the right to bring a claim for unfair dismissal or discrimination in an Employment Tribunal.

In summary, UK law protects your right to return to the same job after maternity leave, and your employer must follow a fair process to ensure that you are reinstated or provided with a suitable alternative role if necessary

This article was brought to you by Kidd Rapinet’s employment solicitors. You can book an appointment with any of the employment lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Understanding Maternity leave and job security in the UK appeared first on Kidd Rapinet.

It’s a legal contract where the employee agrees not to pursue legal claims in exchange for a financial package or other benefits. It’s often used during redundancies to avoid disputes and provide clarity.

Employees – understanding your rights during redundancy

– Be treated fairly and consistently

– Receive a clear explanation of your redundancy

– Be offered a fair financial package

– Get independent legal advice before signing anything

How a settlement agreement can help you

– Secure a better exit deal

– Protect your reputation and future job prospects

– Avoid lengthy legal battles

Employers – how a settlement agreement protects your business

– Avoid tribunal claims

– Maintain confidentiality

– Ensure a clean break with no loose ends

– Show professionalism and care during difficult transitions

What to check for during redundancy and while creating a settlement agreement

– Is the redundancy genuine and fairly applied?

– Are the financial terms clear and reasonable?

– Have you received (or offered) legal advice?

– Are all post-employment obligations (like confidentiality) understood?

FAQs

Can I ask for more money in a settlement agreement? Yes — negotiation is common and often expected.

Is it compulsory to sign one? No — you’re not obliged to sign. That’s why legal advice is essential.

Can employers use them for performance issues too? Yes — they’re not just for redundancies.

This article was brought to you by Stuart Angel from our Canary Wharf office. You can book an appointment with Stuart using the form provided or you can reach him via email sangel@kiddrapinet.co.uk or by calling 020 7205 2115

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Redundancy and your rights – how a settlement agreement can help appeared first on Kidd Rapinet.

A valid settlement agreement requires legal advice

You can’t sign a valid settlement agreement without getting independent legal advice. It’s not just a formality — it’s there to protect you.

Understand what you are giving up

By signing, you’re usually waiving your right to bring claims against your employer — including unfair dismissal, discrimination, or breach of contract.

Make sure the settlement agreement deal is fair

– Review the financial offer

– Spot any hidden clauses

– Help you negotiate better terms

– Ensure your rights are protected

What a solicitor will cover for you with a settlement agreement

– Are the terms clear and fair?

– Are you waiving any important rights?

– Is the payment tax-efficient?

– Are there any post-employment restrictions?

– Is the reference wording agreed?

FAQs

Who pays for the legal advice? Usually, your employer will contribute to the cost — often between £350 and £500+VAT.

Can I negotiate the terms? Yes — and a solicitor can help you do it effectively.

What if I don’t take advice? The agreement won’t be legally binding — and you could miss out on a better deal.

This article was brought to you by Stuart Angel from our Canary Wharf office. You can book an appointment with Stuart using the form provided or you can reach him via email sangel@kiddrapinet.co.uk or by calling 020 7205 2115

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Why legal advice is crucial before signing a settlement agreement appeared first on Kidd Rapinet.

A settlement agreement is a legally binding contract between an employer and employee. It usually involves the employee agreeing to waive certain rights (like bringing a claim to an employment tribunal) in exchange for compensation.

In fast-paced sectors like banking, especially around Canary Wharf, settlement agreements offer a clean, professional way to handle redundancies. They protect both sides, reduce legal risk, and help everyone move forward with clarity.

Checklist: What should a settlement agreement include?

– Clear explanation of the payment terms

– Confidentiality clauses

– Waiver of claims

– Legal advice confirmation

– Timeline for signing and payment

– Reference terms (if applicable)

FAQs

Do I need a solicitor to sign a settlement agreement? Yes — it’s a legal requirement that you receive independent legal advice before signing.

Can I negotiate the terms? Absolutely. Many employees and employers negotiate the financial package, references, and other clauses.

Is it only for redundancies? No — settlement agreements can also be used for resolving disputes, performance exits, or mutual separations.

This article was brought to you by Stuart Angel from our Canary Wharf office. You can book an appointment with Stuart using the form provided or you can reach him via email sangel@kiddrapinet.co.uk or by calling 020 7205 2115

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post What is a settlement agreement and why might you need one? appeared first on Kidd Rapinet.

Employment rights can start even before an employee commences their employment e.g. the right not to suffer discrimination in the recruitment process. However, and very broadly, one of the most common rights and claims submitted to an Employment Tribunal relates to “unfair dismissal”. After a member of staff has been employed for more than two years if an employer wishes to dismiss it must have a legally “fair reason” and go through a “fair procedure”. If the employer does not do so the dismissal will be unfair and the employee can assert unfair dismissal and sue their employer in an Employment Tribunal.

As an employee, you should expect your employer to always act in accordance with your contract and if it decides to dismiss you it should ensure that the dismissal is fair.

Many employees expect their employers to make a settlement offer to them when they leave their employment, particularly when it’s a distressed termination i.e. to give them a “pay off”. There is no obligation whatsoever for an employer to offer a pay off or present a settlement agreement. After all, if the employer acts in accordance with the employee’s contract and legislation that should be the end of the matter.

Employers always have a concern about the termination of an employee’s contract. Namely, has the company acted lawfully? In particular, has the employee been dismissed fairly?

Determining whether a dismissal is fair sometimes can only be decided after there has been a detailed consideration of all the facts. Even then it may be that matters can only be decided by attending court i.e. the Employment Tribunal. Therefore, to guarantee closure on the employment relationship, employers frequently offer settlement agreements. The latter buys off an employee’s claims and are intended to be a full and final settlement.

In offering a settlement agreement the employer should make a termination payment that is over and above the employee’s strict legal entitlement. So if you can persuade your employer to offer an agreement it may be financially beneficial for you.

This article has been brought to you by employment solicitors at our Canary Wharf office who frequently advise on settlement agreements.  You can contact us using the form provided or call 0207 925 0303.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post I’ve been dismissed: Should my employer offer me an employment settlement agreement? appeared first on Kidd Rapinet.

So it very much looks like the UK will be in a recession during 2023.

Although there is currently high employment and staff are in demand, it is likely that some employers will need to consider headcount and make redundancies.

Unless the employer acts in accordance with good employment practice and legislation, it risks terminating staff in breach of contract and unlawfully. It’s a given that any termination will be unsettling for an employee but will an affected employee also be able to assert that they are entitled to be compensated by their employer. The answer is possibly:-

If an employer wants to make a person redundant (there are extended consultation periods when an employer makes more than 20 people redundant) then it must act in accordance with the contract of employment and ensure that it terminates “fairly” further the Employment Rights Act 1996.

The contract will set out how much notice an employee is entitled to receive. Further to statute, an employee is entitled to receive a week’s notice for each continuous year of service, subject to a maximum of 12 weeks’ notice. Many employers issue contracts of employment which provide for a longer period of notice and if so, then that period must be given.

Contract aside, an employer must have fair reasons for terminating an employee’s employment (e.g. redundancy) and adopt a fair procedure. A typical redundancy procedure, would mean the employer must warn the employee (or a pool of employees if they have similar positions) that their position is at risk; to invite them to a consultative meeting (providing sufficient prior notice), and inform them of their right to be accompanied by a work colleague or trade union representative; hold one or more consultative meetings as necessary; apply objective criteria to determine who is to be made redundant from within the pool (if appropriate) and consider whether there is any suitable alternative employment before notice of termination by reason of redundancy is provided.

If redundancy is imposed then the affected individual may be entitled to redundancy pay. There is no entitlement if the employee has less than two years’ continuous service. Redundancy pay is determined by reference to a week’s pay (currently capped by statute at £571) and multiplied by the number of years’ service (subject to a maximum of 20 years) and further influenced by the age of the employee. Statutory redundancy pay is not generous.

A significant number of employers, when imposing terminations (whether based on redundancy or otherwise) offer “Settlement Agreements” – a full and final agreement that seeks to compromise any potential claim against an employer. Why? Some employers are genuinely trying to be generous but others simply don’t want the potential hassle of claims and therefore seek to buy closure on the matter, which is what a Settlement Agreement should achieve.

Unless an employer acts with care and further to professional advice, terminating staff in accordance with their contracts and without infringing legislation can be a minefield e.g. claims based on unfair dismissal or further to the Equality Act, to name a couple. If you think you employer has acted unlawfully it may give you an angle to help negotiate better settlement terms and I can assist.  You need an angle otherwise you are merely going in saying “Please Sir, can I have some more” without any lever for your request.

This article was brought to you by Kidd Rapinet Canary Wharf’s employment solicitors. You can book an appointment with any of the employment lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Am I entitled to redundancy pay and compensation? appeared first on Kidd Rapinet.

• Keep a diary, noting how and when the problem arose, further incidents if it is ongoing, steps you have taken to resolve it and how colleagues/your employer responded. If you have to argue your case in formal proceedings, you will need this sort of detail.
• Check whether you have cause for complaint by reviewing your employment contract, office manual and/or HR policies & procedures. Seek advice at an early stage from your HR department, trade union rep or solicitor. Advice at the outset can strengthen your case later on, if formal proceedings are necessary.
• Try to talk to the person concerned, to see if you can resolve matters informally. If you feel unable to do this, or are unsuccessful, speak to the person next in line: your manager; their manager; your HR department; your trade union rep. Keep your own notes of any meetings you attend, and consider inviting a colleague along to take notes for you.
• If you are unable to sort it out informally, check your contract, office manual and HR policies & procedures for steps to deal with it on a formal footing. Many employers have a formal grievance procedure. You should implement this first, before resorting to the employment tribunal. If you go straight to the tribunal, even if your claim is successful, you could receive a lower settlement for having not tried the grievance procedure first.
• Take legal advice on how to present your formal grievance. This should maximise your chances of a successful outcome, whether at this stage or at the employment tribunal stage.
• Take legal advice on the time limit for bringing an employment tribunal claim, as it differs from case to case. In most cases, you must start your claim no later than three months minus one day since the behaviour/event in question. And in most cases, you must first notify the Advisory Conciliation and Arbitration Service (ACAS) of your intention to bring a claim, so you have an opportunity to settle with the help of ACAS (“early conciliation”).
• Whichever route you take, be discrete. While it may be tempting to let off steam to colleagues, treat it as a private matter. If you end up in formal proceedings, there may be a requirement for those involved to keep it confidential.
• Be clear in your own mind what you want to achieve – whether a change to working practices, compensation (financial or otherwise) and/or for other people involved to be disciplined. Figure out in advance your priorities, where you are prepared to compromise and by how much. Your solicitor or trade union rep should be able to advise on the parameters of a reasonable settlement.
• Keep your long term as well as short term goals in mind. In particular, how important is it to preserve good relations with your employer? This could have a significant bearing on how you choose to proceed, when you have more than one option.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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