What Are Your Rights When Asking for Flexible Working Conditions ?

Whether it's working from home, adjusting your start and finish times, or compressing your workweek, flexible working is more than a workplace trend; it's a legal right in New Zealand. Here's what you need to know when considering a request for flexible work arrangements.

Since 2015, every employee in New Zealand has had the right to request flexible working arrangements. That includes full-time, part-time, permanent, fixed-term, and casual employees. There’s no need to have worked for a certain amount of time before making a request.  Flexible working includes: 

• Flexible hours (e.g., starting and finishing earlier or later)

• Remote working or working from home

• Compressed hours (e.g., working your weekly hours over fewer days)

• Part-time work 

• Job sharing

• Changing your place of work

You can ask for flexibility either permanently or temporarily, depending on what you need.

Legally, your request for flexible working must be made in writing and ideally should include:

• Your name and the date

• That it’s a request under Part 6AA of the Employment Relations Act 2000

• What change you're asking for and whether it’s permanent or temporary

• When you’d like it to start

• How the change might impact your employer and how that impact could be managed

Your employer must consider your request and respond within one month. They have to deal with your request fairly and in good faith, but they can say no if they have a legally justifiable reason.

Valid reasons for refusal include things like increased associated costs, inability to reorganise work among other staff, negative impact on quality or performance, or inability to recruit additional staff.  If your employer refuses your request, they must provide the reason in writing and you can raise a personal grievance if you believe your employer didn’t follow the correct process, acted in bad faith or discriminated against you

Once flexible working conditions have been agreed upon between an employee and employer, they generally form part of the terms and conditions of employment. This means that your employer cannot unilaterally change them without your agreement unless there is a valid legal or contractual basis to do so. If flexible arrangements have been formally agreed upon they become binding and your employer must consult with you if they wish to change or revoke those conditions.  They will need to provide a genuine business reason for the change, engage in good faith consultation and consider your circumstances before making any decisions.

There are limited situations where a change might be lawful:

• if the flexible arrangement was agreed to as a temporary measure (e.g. during COVID or for a trial period).

• If there’s a clear clause in the agreement allowing changes under specific circumstances.

• If business needs change significantly (e.g., restructuring), but even then, your employer must consult with you.

Requesting flexible working is your right and employers are required to consider your request seriously. They are also required to consult you if they need to vary or retract any flexible working arrangements in place.  If you believe your employer is not being fair in relation to your flexible working arrangements, get in touch with an expert. Mathewswalker.co.nz | 0800 612 355

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Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.