Flexible working

A statutory right

Parents of all children aged 16 and under (or 18 and under for disbaled children) have a statutory right to request flexible working arrangements so that they can look after their children. An employee must have a continuous service period of six months. This increased availability was introduced in April 2009, previously the right was only available to parents of children aged five and under or of seventeen years and under if disabled. The request can cover hours of work, times of work and place of work and may include requests for different patterns of work.

The statutory right is one of request and not of the right to receive flexible working hours, however, once requested an employer has to fully justify the reason for refusing the request.

Carers of adults

A 'carer' is defined as an employee who is or expects to be caring for an adult who

• is married to, or the partner or civil partner of the employee
• is a near relative of the employee
• falls into neither category but lives at the same address as the employee

The 'near relative' definition includes parents, parent-in-law, adult child, adopted adult child, siblings (including those who are in-laws), uncles, aunts or grandparents and step-relatives.

Some of the most common types of flexible working are

• Part time working
• Flexi –time
• Job-sharing
• Term time working
• Working from home

The application procedure

Within 28 days of the written application from the employee (providing an application has not been received within the last 12 months from the employee) the employer must either, if not initially agreed to, hold a meeting with the employee, who may be accompanied, to discuss the application or, if the application is agreed to straight away, write to the employee confirming the new (permanent) terms and conditions of employment.

If a meeting is required it should be used to investigate the implications of the application and the best way, if possible, to accommodate it. The meeting should not be used as a method of informing the employee of a pre-determined decision that is not open for discussion. The employee must be informed of the decision in writing within fourteen days of the meeting.

If the application has been successful the letter must include the new and permanent terms and conditions of employment along with a starting date.

If the application has been rejected the letter must include details of the appeal procedure along with details of why the application failed.

An appeal must be applied for, in writing, within fourteen days of the refusal, held within fourteen days of the application and a decision advised within fourteen days of the appeal hearing.

Once an application has been made no further applications can be made within twelve months.

Reasons for refusal

There are only a limited number of reasons that an employer can refuse an application and they must be fully justified and genuine. They include, but are not limited to:

• The burden of additional costs
• Inability to recruit additional staff
• Inability to reorganise work among existing staff
• Detrimental impact on performance

Discrimination

An employee is protected against discrimination, detrimental treatment and dismissal (for which there is no minimum service period) on any grounds relating to a flexible working application.

Employment tribunal

An employee can complain to a tribunal if they feel that the procedure has been incorrectly carried out or that the reasons for refusal of an application were not based on truth. An employee can't challenge the decision it's self via a tribunal hearing.