Flexible Working

Guide for Employers and Managers

Carer of a child

With effect from 6 April 2009 employees with a child under sixteen or a disabled child aged under 18 have have the right to request flexible working. The employee must have or expect to have responsibility for the child’s upbringing.

Carer of an adult

Since April 2007 carers of adults have a specific right to request flexible working, which must be taken seriously by the employer. Requests may be made from employees who care for:

• their spouse, partner or civil partner
• a near relative, this category includes parent, parent-in-law, uncle, aunt, brother, sister, adopted adult child, grandparents and step-relatives
• an adult living at the same address

Eligibility

In either instance the employee should:

• have been continuously employed for at least 26 weeks to qualify to make the request
• be making the application solely to care for the child or adult
• not be an agency worker
• not have made another request for flexible working during the previous 12 month period
• explain in the request how the change will affect the employers business and how that can be addressed

Serious Consideration by Employer

The request must be taken seriously and a set procedure must be followed in dealing with the application. The employer can only refuse the request on any of the following grounds:

• the burden of additional costs
• a detrimental effect on organisational ability to meet customer demand
• inability to reorganise work among existing staff
• a detrimental impact on quality
• detrimental impact on performance
• insufficiency of work during the periods the employee proposes to work
• planned structural changes

• set out minimum statutory rights when an employee makes a request for flexible working and essentially makes provision for the employer to have flexibility in managing the process
• provides detailed action required by employee and employer
• a set procedure must legally be followed in dealing with an employee’s request for flexible working

APS Letters

• start at dealing with the request for flexible working from the employee through to appeal if refused by the employer
• detail rights, eligibility, legally required meetings, action required as a result of either outcome of request, right of appeal and legal timescales through the various stages
• are laid out chronologically, making it easy to select a letter at any stage of the process with clear guidelines for completion

Failing to follow a properly set out flexible working procedure entitles the employee to bring a claim before an Employment Tribunal. If successful the tribunal can order compensation to the employee

APS......provide procedures and letters

that are easily managed!

This information should only be used in conjunction with A Personnel Solution terms of use