If your workplace is in Northern Ireland, use the Northern Ireland statutory process below. It is different from Great Britain: NI generally requires 26 weeks’ continuous service, permits one statutory request in 12 months, and includes a formal appeal stage. The right is to have a qualifying request considered through the process, not to have the requested pattern granted.
Check service and prior requests first
Apply in writing and allow time
A refusal has steps and deadlines
Who can make a statutory request?
Nidirect says the statutory right is generally for an employee who has worked continuously for the employer for 26 weeks before applying and has not made another application under this right during the preceding 12 months. Agency workers are generally outside the statutory right, subject to the specific exceptions stated in nidirect guidance for people returning from parental leave or service in the armed forces. Someone outside the statutory criteria can still ask informally, and an employer can agree a more favourable process.
The rules are about a request to change a working pattern, such as hours, days or location. They do not themselves provide time off, paid leave, or a social-security payment. For leave to care for a child, see the separate Northern Ireland Parental Leave guide; for a planned change to manage ongoing care, the Northern Ireland Carer’s Leave guide explains the distinct employment options.
When to apply and what to put in writing
There is no single statutory minimum number of days between applying and the date you want a new pattern to begin. Nidirect advises applying well in advance because the process can take up to 14 weeks. Agree a realistic proposed start date with your employer and leave time for a meeting, decision and any appeal.
Send a dated letter or email, or use an employer form that includes the required information. The application should:
- state that it is made under the statutory right to request a flexible working pattern;
- describe the working pattern you want and the date you want it to start;
- explain what effect you think the change would have on the employer and how that effect might be handled; and
- say whether you have made a previous application and, if so, when.
Keep a copy and evidence of when the employer received it. If information is missing, the employer should tell you what is needed; nidirect says the application need not be considered until a complete application is resubmitted. If you unreasonably refuse to provide information needed to assess it, the employer may treat the request as withdrawn. Missing two meetings arranged about the request can also lead to it being treated as withdrawn, so contact the employer promptly if you cannot attend.
The employer discussion and decision
If the employer does not agree to the request outright, nidirect says there should be a meeting to discuss it within 28 days of receipt. The employer and employee should agree the meeting date. You may bring a colleague, including a workplace union representative; the colleague can speak with you but cannot answer questions on your behalf. If the colleague cannot attend, the meeting should be rearranged within seven days of the cancelled meeting.
The employer should consider the request properly and on business grounds. It can suggest an alternative pattern or trial period, but you do not have to accept a compromise. A request can be refused only for one or more of these eight business grounds:
- the burden of additional costs;
- a detrimental effect on the ability to meet customer demand;
- inability to reorganise work among existing staff;
- inability to recruit additional staff;
- a detrimental impact on quality;
- a detrimental impact on performance;
- insufficient work during the periods you propose to work; or
- planned structural changes.
Nidirect says the employer must notify you in writing within 14 days of the meeting. If the request is accepted, the notice should set out the new pattern and start date. If refused, it should identify the business ground or grounds, explain how they apply to your request, and state how to appeal. The 14-day decision period can be extended if both sides agree.
An agreed change will normally become a permanent change to your employment contract unless you agree otherwise. Before accepting, ask how it affects pay, hours, overtime, pension contributions and other contractual terms. If permanence is a concern, you can discuss a trial period.
Appeal and complaint routes
If the employer refuses the application, you may appeal in writing within 14 days of the decision notification. Nidirect describes an appeal as a way to bring relevant information to the employer’s attention or challenge a fact used in applying a refusal ground; simply disagreeing with the business ground is not enough on its own.
The employer should hold an appeal meeting within 14 days of receiving the appeal, on a date agreed with you. You may be accompanied by a colleague or trade union representative. The employer should send its appeal decision in writing within 14 days of the appeal meeting. The relevant time limits can be changed where the rules allow and the parties agree; get any agreed extension recorded in writing.
If the appeal is rejected, you may use the employer’s grievance procedure. Nidirect also says an employee may complain to an Industrial Tribunal where the employer failed to follow the required procedure or relied on incorrect facts, and may choose arbitration if both sides prefer. A complaint is not a way to require the employer to approve a pattern just because you disagree with its business decision. Dismissal or detriment because you made or pursued a request may raise separate rights. Seek current Northern Ireland employment advice promptly about the correct claim and time limit.
Prepare and follow up a Northern Ireland request
- 1Confirm that your job is governed by Northern Ireland rules, check the 26-week service condition and note any statutory request made in the previous 12 months.
- 2Write the requested pattern, proposed start date, expected business effect and possible ways to address it; mark the application as statutory and keep a dated copy.
- 3Apply early enough to allow for the 28-day discussion window, the decision and any appeal; agree the proposed start date with the employer.
- 4Attend the meeting, bring a colleague if useful, and ask for the outcome and any refusal explanation in writing.
- 5If refused, decide promptly whether to appeal within 14 days; keep the appeal, meeting and decision dates and seek advice if procedure or facts are in dispute.
Frequently asked questions
Can I request flexible working from my first day in Northern Ireland?
How many statutory flexible-working applications can I make?
What information has to be in my request?
How much notice do I have to give before the pattern starts?
When should my employer arrange a meeting?
Can I bring someone to the meeting?
What are the valid reasons for refusing my request?
How soon must the employer tell me the decision?
Can I appeal if the request is refused?
When will the appeal meeting and decision happen?
Can I take the employer to an Industrial Tribunal?
Is the Northern Ireland process the same as Great Britain?
Does an approved request preserve my current pay and give me leave?
Official sources
- nidirect: Flexible working and work-life balance
- The Flexible Working Regulations (Northern Ireland) 2015, SR 2015 No. 105
- Employment Rights (Northern Ireland) Order 1996
Sources checked on 29 October 2026. This guide describes the published statutory process; it is not legal advice or a decision about a particular request or tribunal claim. Confirm current rules and deadlines with nidirect, the Labour Relations Agency or a qualified adviser before acting.