Ask Marina: As a new mother, do I have the right to work less hours?

Firstly, congratulations on your first child. You have the right to request flexible working – which could be less days or hours or at a different workplace or some other change – and you have the right for your employer not to unreasonably refuse your request.

A request for flexible working can be made by any worker who has been working for their employer for 26 weeks, has a child under the age of 16, or a disabled child who is under 18, or an adult living with them who needs their care.

Many times the relationship you have with your employer will mean you can mutually agree to make a change. However, if you need to make a more formal approach, then there is a written procedure you must follow to make your request. Your written request must deal with specific issues to do with your work and how the business could cope with the change.

Your employer must respond to your request by inviting you to a meeting to discuss the matter.

Your employer must consider your request properly and can only reject the request on one or more specified grounds to do with the problems the business would face if it agreed to what you want.

If your employer rejects your request, you have the right of appeal.

If your employer agrees to your request, this is a permanent change to your terms of employment, so you cannot go back to your old terms unless your employer agrees. You can only make one request in any 12-month period.

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