The Monkey Tree

Being a working parent and achieving a good “work-life balance” can be hard work!  But don’t despair – the UK law offers you a helping hand in the way of the Right to Request Flexible Working.

Since 6 April 2003 employees with parental responsibility for a child/children under the age of six (eighteen for disabled children) have the right to request to work flexibly.  Employers must consider this request seriously.

You may choose to request a change to your hours of work; your times of work or to work from home.  In addition to any pattern you may design, the right covers such working patterns as:

• Reduced hours – a reduction in contracted hours and benefits, e.g. salary, annual leave, etc;
  
• Job sharing – a full-time position is shared by two part-time employees;
  
• Staggered hours – starting and finishing your day at different times, while keeping the same contracted hours;
  
• Compressed hours – working your contracted hours over fewer days, e.g. compressing your contractual hours into four days;
  
• Term-time working – working only during school terms;
  
• Home-working – either full-time or split between work and home;
  
• Annualised hours – a set number of hours spread over a year
  
• Flexitime – Agreed core hours, and agreed hours per week/month with flexible start and finish times

In order to make a request, you must have been working (continuously) for your employer for at least 26 weeks. You should be making the request in order to care for your child/children, and you can only make 1 request per year.  Your request must be in writing.  You should also say if and when you made any previous application.  Don’t forget to sign and date the request.

Within 28 days’ of your written request your employer should either write to you about how and when your working pattern will change, or set up a meeting to discuss your request in more detail and write to you with their decision within 14 days of this meeting. 

You only have the right to request to work flexibly and for your request to be considered seriously.  You don’t have the right to automatically work flexibly and, so long as he/she explains why, your employer can refuse on any one of eight business reasons:

1. Additional cost to the business
   
2. Negative effect on meeting customer demands
   
3. Unable to reorganise work amongst other staff
   
4. Unable to recruit additional staff
   
5. Negative effect on quality
   
6. Negative effect on business performance
   
7. Not enough work during your proposed working pattern
   
8. Planned changes to the business

For example: “Additional cost to the business” could cover such costs as recruiting extra staff or providing you with expensive equipment such as a laptop and/or mobile phone, etc.

If your employer does refuse your request you have a right to appeal the decision within 14 days of your request being rejected.  If your employer does not follow the correct procedure, makes the decision based on incorrect facts or prevents you from being accompanied to the meeting you can appeal to an employment tribunal.

How can you improve your chances of success?

If you meet the required criteria and like the idea of flexible working, you might want to consider these points to help you make a successful application:

• Consider the impact of your flexible working pattern on your employer’s business;
  
• Consider your job objectively and show your employer the benefits of you working flexibly;
  
• Think of any problems your flexible working may cause and offer workable solutions;
  
• Consider your request carefully – ensure your request meets your need to care for your child/children and do your job;
  
• Try to be flexible in response to business needs;
  
• Clearly demonstrate the drive and commitment to do your job well and the motivation to work flexibly;
  
• Be well organised in your work and demonstrate good time management skills;
  
• Be self-sufficient and a team player;
  
• Communicate with your colleagues – be open about your new working pattern - what you’re doing and when you are and are not available;
  
• Ensure customers know your new working pattern and give them a name of someone to contact when you’re not around;
  
• Think smart – consider new ways of working;
  
• Suggest a trial period to your employer;
  
• And finally, stick to your side of the deal – don’t abuse the rules you’ve agreed with your employer!

Be aware that any new working pattern agreed under this policy will be permanent and you don’t have the right to automatically go back to your previous working arrangement. 

Consider also that your changed working pattern may affect your pay, pension, annual leave and Bank Holiday entitlement.

If you don’t like the idea of a permanent change to your working arrangements, why not try an informal arrangement instead?  You could suggest a trial period or an informal arrangement such as flexible start and finish times, temporary shift swaps or an informal short-term flexible working arrangement – with agreed start and end dates.

Finally

Read your employer’s flexible working policy, if he/she has one, and speak to your Human Resources department.  Further information is available from the Department of Trade and Industry and if you want legal advice speak to an independent legal advisor such as the Citizens Advice Bureau or a solicitor. 

It’s up to you to make a considered application. Remember - you can only make one application per year and any change agreed will be permanent.  It’s important you give careful consideration to which working pattern will work best for you to help you care for your child/children, while minimising any negative effects on your employer’s business and ensuring you can manage any financial implications, such as a drop in salary.

Good luck!

 Jane Reynolds
HR Manager, CIPD