Making a request for flexible working arrangements
Karen Cole talks about recent changes to law that allow more people to request flexible working hours.
As from 6th April the right to request flexible working arrangements has been extended to parents of children aged 16 and under. Previously, the right existed only for those with caring responsibilities for children aged 6 and under (or 18 and under where the child is disabled) and carers of adults.
This will hopefully make the act of juggling the work/life balance somewhat easier.
To qualify for the right, you must have completed 26 weeks’ continuous employment with your employer and can only make one request in any 12-month period.
As with most things, there is a set procedure you must follow when making a request for flexible working arrangements.
You should give details of the revised working pattern you wish to adopt in writing. Once your employer has acknowledged receipt of your request, he is under a duty to seriously consider it to decide whether the business can accommodate your requested working pattern.
If your employer is able to agree to the request without further discussion, it should notify you of this in writing. However, your employer may wish to discuss your application and therefore a meeting must be arranged within 28 days of receiving your request. If this is not possible, the deadline can be extended with your written agreement.
You have the right to be accompanied at the meeting by a work colleague or, if appropriate, a trade union representative. That person may address the meeting and confer with you but may not answer questions on your behalf.
Your employer must notify you of their decision within 14 days of the meeting. Further time to consider a request requires your written consent. If your employer and/or you are uncertain whether the new arrangements will work in practice, it is possible to undergo a trial period, which could take place during an agreed extension to the time allowed before your employer makes its final decision. It can often be a case of trial and error!
If your employer accepts a flexible working request, it must write to you providing the details of your new working pattern, the date on which it will start and state that the arrangement means a permanent change to your terms and conditions of employment (unless agreed otherwise).
If your employer decides that it cannot accommodate any kind of flexible working for you, it must write to you stating which of the listed business grounds for refusing a request apply and explain why these apply in your circumstances. It is important to remember that you have a right to request flexible working; not the right to have it. However, you do have a right of appeal and if you wish to exercise this right, you have 14 days in which to do so.
It is worth noting that there is no provision for your contract to revert back to what it was should your circumstances change. It is therefore probably worth discussing this with your employer if you wish to change for a specified period only.
For more information on this subject or any other legal matter,
please contact us:
Tonbridge: 01732 770660
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