If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra has been a dedicated employee at “Innovate Dynamics Ltd” in the city of Northwood for almost six years. He recently discovered that a colleague, Mr. Liam Smith, who has only been with the company for two years, was granted a significantly better contract. Mr. Smith now works his 40-hour week over four days instead of five. This change was approved after Mr. Smith indicated he might have to reduce his hours because of a second job. Mr. Mehra is questioning whether the company, having set this precedent, is now obligated to grant him the same arrangement. For Mr. Mehra, an extra day off during the week would be incredibly beneficial for managing childcare and would provide an opportunity to seek additional income during these challenging economic times. He is seeking to understand his legal standing in this scenario.

Advice in such cases

Navigating workplace contract disparities requires a strategic and informed approach. While you cannot simply demand the exact same terms as a colleague, you have a statutory right to request flexible working, and your colleague’s situation can serve as a powerful example that such an arrangement is viable for the business.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.
• Review Your Contract: Examine your current employment contract for any clauses related to working hours, flexibility, or company policies on changing terms.
• Submit a Formal Statutory Request: Do not make a casual or verbal request. Submit a formal, written request for flexible working. Frame it as a request for “compressed hours.”
• Build a Business Case: In your request, focus on how the change will benefit the company or, at a minimum, not negatively impact its operations. Mention your long service, commitment, and how you will ensure your productivity and responsibilities are fully managed within the four days.
• Use the Precedent Wisely: You can reference the fact that another employee in a similar role is successfully working under this arrangement. This demonstrates that the business can accommodate such a pattern.
• State Your Reasons: Mentioning your childcare needs is relevant and can strengthen your request, as employers must be wary of policies that could be indirectly discriminatory.

Applicable Sections of Law

The legal framework in the UK provides specific rights regarding flexible work.

• Employment Rights Act 1996 (as amended): Part VIIIA of this Act grants employees the statutory right to request flexible working. The Flexible Working (Amendment) Regulations 2023 made this a “day one” right, meaning you do not need a minimum service period to make a request (effective from April 2024).
• The Equality Act 2010: While offering different terms is not automatically unlawful, if an employer refuses a flexible working request and that refusal disproportionately disadvantages a group with a protected characteristic (e.g., women, who statistically bear more childcare responsibilities), it could potentially be a case of indirect sex discrimination. The employer would need to prove their refusal was a proportionate means of achieving a legitimate aim.

If you are the complainant

As the employee making the request, you must follow the correct procedure to protect your rights.

• Put your request in writing. Clearly state that it is a statutory request for flexible working under the Employment Rights Act 1996.
• Specify the change you are seeking (e.g., to work 40 hours over four days) and the date you wish the change to take effect.
• Explain what effect, if any, you think the requested change would have on the employer and how, in your opinion, any such effect might be dealt with.
• Keep copies of all correspondence, including your initial request and any response from your employer.

If you are the victim

If your employer denies your request, they cannot do so without a valid reason. An employer must handle the request in a ‘reasonable manner’ and can only refuse it based on one of eight statutory business grounds. If you feel the refusal is unfair or potentially discriminatory:

• Request the reasons for the refusal in writing. The employer must provide a legitimate business reason.
• If you are not satisfied with the reason, you can raise a formal internal grievance following your company’s procedure.
• If the grievance process is unsuccessful, your final option may be to make a claim to an Employment Tribunal. This is a significant step, and you must seek legal advice before proceeding.

How the police behave in such cases

This is a civil employment matter, not a criminal one. The police have no jurisdiction or involvement in disputes regarding employment contracts or flexible working requests. All proceedings are handled through internal company processes (like grievances) or the civil Employment Tribunal system.

FAQs people normally have

• Can my employer simply refuse my request?
  They can refuse, but not arbitrarily. The refusal must be based on one of the specific business reasons outlined in the legislation, such as the burden of additional costs, a detrimental effect on the ability to meet customer demand, or an inability to reorganise work among existing staff.
• Does the fact my colleague got this deal guarantee I will too?
  No, it is not an automatic guarantee. Each request must be considered on its own merits. However, it significantly weakens the employer’s ability to argue that such an arrangement is not feasible for the business, thereby strengthening your position.
• Will my pay be affected?
  Since you are requesting to work the same number of hours (40) but over fewer days (compressed hours), your pay should not be affected. If you were requesting to reduce your total hours, your pay would likely be reduced on a pro-rata basis.

What evidence is required?

To support your case, you should maintain a clear record:

• A copy of your formal written flexible working request.
• Your employment contract and the company handbook.
• All written communication with your employer regarding the request, including their final decision.
• Notes from any meetings where your request was discussed.
• Evidence that the business is already accommodating another employee on the same pattern.

How long will the investigation take?

This is not a formal “investigation” but a consideration period. By law, an employer must consider your request and notify you of their decision within two months of receiving it, unless you agree to an extension. This period includes time for any appeal you might make.

Advocate Sudhir Rao, Supreme Court of India