Legal Support
Information Supplied by:
As a parent the option of asking for a different work pattern to the one you worked prior to having children, can be beneficial on many fronts. Not only can you juggle school/nursery/childminder drop offs, but also try and achieve some sort of work life balance. Below I have set out some frequently asked questions about how Flexible Working works.
The employee triggers the procedure by making a written request, setting out the change that the employee is seeking, and when they wish the change to take effect. They must also explain what effect, if any, the employee thinks the change would have on the employer and how any such effect could be dealt with.
They should also state whether the employee has previously made an application to the employer and if so, when.
Whilst there is a right to “request” the flexible working, there is no actual right to work the work pattern requested and this will have to be agreed by your employer.
An employer can only refuse a request on one or more of the following grounds:the burden of additional costs;detrimental effect on ability to meet customer demand;inability to reorganise work among existing staff;inability to recruit additional staff;detrimental impact on quality;detrimental impact on performance;insufficiency of work during the periods the employee proposes to work; or planned structural changes.
No, at present only employees with at least 26 weeks’ continuous employment can make a request for flexible working. There is a proposal for change later this year and for the right to request flexible working becoming a day one right.
A change to the hours they work.A change to the times when they are required to work.A change to the place of work (as in, between their home and any of the employer’s workplaces).
Effectively this includes applications for part-time working, full-time working (if currently part-time), annualised hours, compressed hours, flexi-time, homeworking, hybrid working, job-sharing, self-rostering, shift-working, staggered hours and term-time working, among others. There are in fact very few limits as to what the employee could request by way of variation.
At present employers have a three-month decision period (which can be extended by agreement) within which to consider the request, discuss it with the employee (if appropriate) and notify the employee of the outcome. There is a proposal for change later this year to reduce the time employers have to consider flexible working requests down to two months.
At present, only one request can be made in any 12 month period. There is a proposal for change later this year to increase this to two requests in a 12 month period.
If you would like more information on flexible working or would like to take advantage of “Back in Time for Bed” free half hour consultation please contact Ami at Travlaw.
Contact Ami at Travlaw