Modern life can be so hectic.
Between juggling work, social commitments, the need to keep on top of household
chores etc., everything can build up. At this point, for one reason or another,
you might believe that you are legally entitled to flexible working time. However,
this isn’t an automatic right, only certain people, with certain obligations,
are entitled to the right to request flexible working hours. First note that
any request for flexible working hours can only be made of an employer after
you have worked for them for at least 26 weeks.
Primarily the people in the best
position and fully protected legally to request flexible working hours are
parents. Specifically this concerns parents of a child under 17 (18 if your
child has a disability). However, if you are asking for flexible working hours
because you are a parent, you must be the person responsible for your child on
a day to day basis.
You also have the right to request
flexible working hours if you are caring for an adult. This would, for example,
be if you are caring for an adult with an illness or disability. If you are
caring for an adult, said adult has to legally be one of the following; your
husband, wife, civil partner, partner,
family relative (mother, father, brother, sister, grandfather, grandmother
etc.) or someone who isn’t related to you but lives at the same address.
As far as the technicalities of
requests go, if you fall under the criteria you can make one request per year,
which has to be in writing. In your written request you should outline how you
think your change in work pattern will affect your employer’s business and how
it will all actually work in practice.
The key thing to note here is that
if you fall under these criteria, you are only automatically entitled to
request flexible working hours; the employer isn’t legally obligated to grant
it. However, employment law states that when a request for flexible working
hours is put forward by an employee who falls under the above criteria, an
employer MUST give it serious consideration and can only turn it down for a
good business related reason. If your employer turns down your request, they
must follow standard procedure and turn it down in writing, in which they must
state their reasons and you are also entitled to a meeting when your request is
being turned down.
You also have the right to appeal
if your request is turned down. This again must be done in writing and within
14 days of receiving the written version of your employer’s decision. You
should outline the reasons you are appealing and make sure your appeal is
dated, to prevent any confusion on when it was lodged.
For more information or contact details, please visit http://www.nicholasfrimond.co.uk
