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FLEXIBLE WORKING
Parents of children aged under six or of disabled children aged under 18 have
the right to apply to work flexibly. In such circumstances employers are under
a statutory duty to consider employee’s applications seriously.
This right enables mothers and fathers to request to work flexibly. It does
not provide an automatic right to work flexibly as there will always be circumstances
when the employer is unable to accommodate a request for a desired work pattern.
The right is designed to meet the needs of both parents and employers. It
aims to facilitate discussion and encourage both the employee and the employer
to consider flexible working patterns and to find a solution that suits them
both. The employee has a responsibility to think carefully about their desired
working pattern when making an application, and the employer is required
to follow a specific procedure to ensure requests are considered seriously.
Eligibility
In order to make a request under the new right the parent
must:
- be an employee
- have a child under six, or under 18 in the case of a disabled
child
- have been continuously employed by the employer for at least 26 weeks
at the date your application is made
- make the application no later than
two weeks before the child’s
sixth birthday or 18th birthday in the case of a disabled child
- have or expect to have responsibility for the child’s upbringing
- be making the application to enable the parent to care for the child
- not be an agency worker
- not have made another application to work flexibly
under the right during the past 12 months.
The Application can only be made to assist the employee in caring for a child
(e.g. to enable the parent to spend more time with his or her children or to
enable him or her to drop their child off at school). Applications cannot be
made for any other purpose.
Both mothers and fathers, whether they are the biological parents or legal
guardians, can make applications, as can adoptive parents. Spouses or partners
of such employees are also eligible, including spouses or partners of the same
sex as long as they have or expect to have responsibility for the upbringing
of the child.
Scope of a request
Eligible employees will be able to request:
- a change to the
hours they work
- a change to the times when they are required to work
- to work from home
(whether for all or part of the week).
This covers working patterns such as annualised hours, compressed hours, flexitime,
homeworking, job-sharing, self-rostering, shift working, staggered hours and
term-time working.
The Procedure
Employees are required to follow the procedure set out below:
1. The initial onus will be on the employee to make a considered application
in writing. The employee will be able to make only one application a year,
and an accepted application will mean a permanent change to terms and conditions
of employment. It will be important therefore that, before making an application,
the employee gives careful consideration to which working pattern will help
best care for the child; any financial implications it might have on in cases
where the desired working pattern will involve a drop in salary; and any effects
it will have on the employer’s business and how these might be accommodated.
When making an application the employee should use or follow the same format
as the form attached as Schedule 1 below. This should be submitted to the employer.
If the application is incomplete the employer should identify what information
the employee has omitted and the employee asked to resubmit the application.
In such circumstances the employer is not obliged to consider an application
unless and until it is complete and re-submitted.
2. Within 28 days the employer should arrange to meet with the employee. This
will provide both the employer and the employee with the opportunity to explore
the desired work pattern in depth, and to discuss how best it might be accommodated.
It will also provide an opportunity to consider other alternative working patterns
should there be problems in accommodating the principle desired work pattern
outlined in the initial application.
The employee is entitled to be accompanied by a work colleague at this meeting
wish who is entitled to address the meeting and confer with the employee but
who is not allowed to answer questions on the employee’s behalf. If the
chosen colleague is unable to attend the meeting the employee should seek to
rearrange the meeting for a date within 7 days of the originally proposed time,
ensuring the new time is convenient to all parties. Alternatively, the employee
should consider choosing another work colleague.
Prior to the meeting employers are advised to:
- make a list
or draft an agenda of the issues the employer wants to discuss at the meeting
- inform
the employee of anyone the employer has asked to join the meeting e.g. a
Human Resources Manager
- ascertain from other workers whether they would be
prepared to cover any extra hours that may be created as a result of granting
the request
- take professional advice if unsure about the options
The meeting should usually be held at the Employer’s premises. However,
in the case of a mother returning from maternity leave who has requested flexible
working upon her return it may be that she will find it difficult to travel
to the workplace in which case the employer should discuss a more convenient
place to meet.
At the meeting the discussions should focus on the possibility of how the
desired work pattern might be implemented, or, whether other alternative working
patterns might be possible should there be problems in accommodating the desired
work pattern outlined in the employee’s application. The employer should
keep notes of the discussions at the meeting. However, no decision should be
taken or communicated to the employee at the meeting itself.
3. Within 14 days after the date of the meeting the employer should write
to the employee to either agree to a new work pattern and a start date; or
to provide a clear business ground(s) as to why the application cannot be accepted
and the reasons why the ground(s) applies in the circumstances. Once again
this time limit can only be extended with the express agreement of the employee
and employers should ensure that they obtain this in writing using the form
at Schedule 2 below.
4. If the application for a new working pattern is to be
accepted the employer should first:
- check to see if the employeecheck to see if the employee’
- check that all health and safety requirements have been satisfied
(this might be particularly relevant where the employee is to work from home)
- consider who else the employer needs to inform, including the employee’s
other work colleagues
Employer’s should use the form at Schedule 3 below to confirm acceptance
of the new working pattern.
5. If the application for a new working pattern is to be
rejected employers will first need to identify one or more of the following
grounds as a business
reason for the refusal:
- the burden of additional costs on the employer
- the detrimental effect
on the employer’s ability to meet customer
demand an inability to re-organise work amongst existing staff
- a detrimental
effect on quality or performance
- a lack of work during the periods the employee
has proposed to work
- any planned structural changes which the employer is
proposing to introduce
The employer should use the form at Schedule 4 below when notifying the employee
of the employer’s rejection of the application. This must be in writing
and dated stating:
- the business ground(s) why the request cannot be accepted
including relevant and accurate facts
- an explanation of why the business
reasons apply in the circumstances
- the employee’s right of appeal
against the decision and the appeal procedure
6. The employee is entitled to appeal against the employer’s decision.
The employee must appeal within 14 days of notification of the employer’s
decision. The appeal should be in writing setting out the grounds for making
the appeal. This appeal process is designed to be in keeping with the overall
aim of encouraging both the employer and employee to reach a satisfactory outcome
at the workplace.
7. The employer should arrange for the appeal to be heard within 14 days of
receipt of the employee’s Notice of Appeal. This time limit can only
be extended with the express agreement of the employee and the employer should
ensure this is obtained in writing using the form at Schedule 2 below.
The employee is entitled to be accompanied by a work colleague at this meeting
who is entitled to address the meeting and confer with the employee but who
is not allowed to answer questions on the employee’s behalf. If the chosen
colleague is unable to attend the meeting the employee should seek to rearrange
the meeting for a date within 7 days of the originally proposed time, ensuring
the new time is convenient to all parties. Alternatively, the employee should
consider choosing another work colleague.
8. The employer should notify the employee in writing of
the outcome of the appeal within 14 days of the appeal hearing using the appropriate
form at Schedule
5 below. If the appeal is upheld the employee will be notified of the new working
pattern and a start date. If the appeal is rejected the employer should advise
the employee in writing and dated stating:
- the ground(s) for the decision which
should be appropriate and in response to the employeethe ground(s) for the decision which
should be appropriate and in response to the employee’
- an explanation as to why the ground(s) for refusal
apply in the circumstances. The same principles apply as to what is a
sufficient level of explanation
at appeal as the amount of appeal that should be given following
the initial decision (see paragraph 3 above).
A written Notice of Appeal Outcome constitutes the Company’s final decision
and is effectively the end of the formal procedure. There is no further right
of appeal.
SCHEDULE 1
1. Personal Details
Name:……………………………………………………..
Manager:………………………………………………….
Staff/ Payroll Number:……………………………………
National Insurance No.:………………………………….
To the Company
I would like to apply to work a flexible working pattern
that is different to my current working pattern. I confirm that I meet each
of the eligibility
criteria as follows:
- I have responsibility for the upbringing of a child under
six, or under 18 in the case of a disabled child.
- I am:
- the mother, father, adopter, guardian or foster parent of the
child; or
- married to or the partner of the child’s mother, father,
adopter guardian or foster parent.
- I am making this request to assist
my care of the child.
- I have been continuously employed by the Company
for at least 26 weeks.
- I am making this request no later than two weeks
before the child’s
sixth birthday or 18th birthday in the case of a disabled child.
- I
am not an agency worker
- I have not made a request to work flexibly under
this right during the past 12 months.
2a. My current working pattern is as follows (days/hours/times worked):
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
2b. I would like to work the following working pattern in the future
(days/hours/times worked):
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
2c. I would like this working pattern to commence from:
Date:……………………………………….
3. I think this change in my working pattern will affect my employer and colleague
as follows:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
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4. I think the effect on my employer and colleagues can be dealt with as follows:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
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………………………………………………………………………………………………………………………………………………
Company’s Confirmation of Receipt
Dear:…………………………………………..
I confirm that I received your request to change your work pattern on:
Date:…………………………………………..
I shall be arranging a meeting to discuss your application within 28 days
following this date. In the meantime you should consider whether you would
like a fellow colleague to accompany you at the meeting in which case you should
check whether they are willing to attend.
From:…………………………………………
SCHEDULE 2
Dear………………………………………….
Staff Number:……………………………….
I wish to extend the amount of time that the regulations
allow me to:
- Arrange a meeting to discuss your application (28 days)
- Notify you of my
decision regarding your application (14 days)
- Arrange a meeting to discuss
your appeal (14 days)
- Notify you of my decision regarding your appeal (14
days)
I wish to extend the time limit by [ ] days until [ ].
I need the extra time for the following reason:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
If you agree to this extension please sign and date the enclosed copy of this
letter and return it to me.
Signed:………………………………………
Dated:……………………………………….
I
accept your request to extend the amount of time until [ ].
Signed:………………………………………
Dated:……………………………………….
SCHEDULE 3
Dear:………………………………………….
Staff Number:……………………………….
Date:………………………………………….
Following receipt of your application and our meeting on [ ] I have considered
your request for a new flexible working pattern.
[ ] I am pleased to confirm that I am able to accommodate your application.
[ ] I am unable to accommodate your original request. However, I am able to
offer the alternative pattern which we have discussed and you agreed would
be suitable to you.
Your new working pattern will be as follows:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
Your
new working arrangements will begin from [ ].
If you have any questions on the information provided on this form please
contact me to discuss them as soon as possible.
Note to employee
Please note that the change in your working pattern will be a permanent change
to you terms and conditions of employment and you have no right in law to revert
back to your previous working pattern.
I have read and understood the above change to my working pattern and I agree
that the new working pattern will constitute a permanent change to my terms
and conditions of employment with the Company.
Signed:………………………………………
Dated:……………………………………….
SCHEDULE 4
Dear:………………………………………….
Staff Number:……………………………….
Date:………………………………………….
Following receipt of your application and our meeting on [ ] I have considered
your request for a new flexible working pattern.
I regret that I am unable to accommodate your request for the following business
ground(s):
[ ] the burden of additional costs on the Company
[ ] the detrimental effect on the Company’s ability to meet customer
demand
[ ] an inability to re-organise your work amongst existing staff
[ ] a detrimental effect on quality or performance
[ ] a lack of work during the periods you have proposed to work
[ ] a planned structural change which the Company is proposing to introduce
The grounds apply in the circumstances because:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
If you are unhappy with the decision you may appeal against it. Details of
the appeal procedure are set out below.
The Appeal Process
You have the right to appeal against the above decision. If you wish to appeal
you must do so in writing, setting out the grounds for your appeal, within
14 days of receiving the above written notice.
SCHEDULE 5A
Dear:………………………………………….
Staff Number:……………………………….
Date:………………………………………….
Following our meeting on [ ] I have considered your appeal against the decision
to refuse your application to work a flexible working pattern.
I accept your appeal against the decision. I am therefore able to accommodate
your original request to change your working pattern as follows:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
Your new working arrangements will begin from [ ].
If you have any questions on the information provided on this form please
contact me to discuss them as soon as possible.
Note to employee
Please note that the change in your working pattern will be a permanent change
to you terms and conditions of employment and you have no right in law to revert
back to your previous working pattern.
I have read and understood the above change to my working pattern and I agree
that the new working pattern will constitute a permanent change to my terms
and conditions of employment with the Company.
Signed:………………………………………
Dated:……………………………………….
SCHEDULE 5B
Dear:………………………………………….
Staff Number:……………………………….
Date:………………………………………….
Following our meeting on [ ] I have considered your appeal against the decision
to refuse your application to work a flexible working pattern.
I regret that I must reject your appeal for the following ground(s):
[ ] the burden of additional costs on the Company
[ ] the detrimental effect on the Company’s ability to meet customer
demand
[ ] an inability to re-organise your work amongst existing staff
[ ] a detrimental effect on quality or performance
[ ] a lack of work during the periods you have proposed to work
[ ] a planned structural change which the Company is proposing to introduce
The grounds apply in the circumstances because:
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
Signed:…………………………………………
Dated:………………………………………….
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