What happens to a flexible working arrangement when the child turns six?

When an employer accepts an employee's request to work flexibly, it is an agreed contract variation. Unless the employer and employee agree otherwise, it is a permanent change to the employee's terms and conditions of employment. If the employee wants to revert to her (or his) original working arrangements, she will need the consent of her employer.

If the employee wants to vary her working arrangements further for the purpose of caring for her child after the child has turned six and the employer refuses, she could seek to make an application under sex discrimination law. Alternatively, if she has another child under the age of six, she will be able to request to work flexibly in respect of that child (provided only one application is made every 12 months).

If an employee knows in advance that she does not want the flexible working arrangements to continue after the child turns six, it is, we believe, open to the employer and employee to agree that the employee will revert to her original working arrangements on the child's sixth birthday. This should be clearly set out in writing.

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.