This policy sets out the legislative requirements for the statutory right to request flexible working found in a number of different sources including the Employment Rights Act 1996, the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002, the Flexible Working (Procedural Requirements) Regulations 2002 and the Work and Families Act 2006.
It applies to employees of both sexes who have young or disabled children and want to request flexible working arrangements in order to care for their child.
The right also extends to the carers of adults who must be or expect to be caring for a spouse, partner, civil partner or relative, or who live at the same address as the person being cared for. It is not intended to create contractual rights.
2. Statutory right to request flexible working
· Employees with at least 26 weeks’ continuous service are entitled to request flexible working arrangements to care for a child under the age of 6 or a disabled child,
or;
· Employees with at least 26 weeks’ continuous service are entitled to request flexible working arrangements to care for an adult.
· The company will consider seriously any request to work flexibly.
3. Scope
This policy applies to all employees of the company who meet the eligibility criteria detailed below.
4. Eligibility
You are eligible to make a request for flexible working if you fulfil the following criteria:
Employment Status / Continuous Service element
· You are an employee of the Company, whether male or female.
· You have been continuously employed by the Company for a period of not less than 26 weeks at the date when the application is made.
and;
Child under the age of 6 or disabled flexible working request
· You have a child who is under 6 years old, or under 18 if the child is disabled (the application must be made no later than 2 weeks before the child’s relevant birthday).
· You have or expect to have responsibility for the upbringing of the child.
· You are making the application in order to care for the child.
· You are
- the mother, father, guardian, adopter or foster parent of the child; or
- married to, or the partner of the child’s mother, father, guardian, adopter or foster parent.
or;
Carer of adult request
· Carers who care, or are expecting to be caring, for a spouse, partner, civil partner or relative or who live at the same address as the person being cared for can make applications. (A relative for this purpose is a mother, father, adopter, guardian, special guardian, parent-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, uncle, aunt or grandparent. Step-relatives and half-blood relatives are also included).
and;
Previous Applications
· You have not already made a statutory application to work flexibly in the previous 12 months.
5. Application Requirements
An application for flexible working must be made by completing a flexible working application form and submitting it to Personnel/Human Resources. However, before submitting the application you need to consider whether your application is compatible with the needs of the business and the effect that changing your work pattern will have on both your own work and your colleagues’ work.
On receipt of a valid application, the company will arrange a meeting to discuss your application as soon as practicable.
The meeting will generally be held within 28 days after the date on which you make the application. You can be accompanied at this meeting by a fellow employee.
It is important to note that if your application is accepted, any new working arrangements will be a permanent change to your terms and conditions of employment, unless it is otherwise agreed.
6. The Appeal Process
If the Company turns down your request for flexible working, you have the right to appeal against the decision. If you wish to appeal, you must complete the flexible working appeal form and pass it to Personnel/Human Resources setting out the grounds for your appeal, within 14 days after receiving notice of the Company’s decision. Your appeal will be heard within 14 days of receipt of your appeal form. You will be notified in writing within 14 days of the outcome of your appeal. This is the final stage of the procedure and the Company’s decision will be final.