The Flexible Working Regulations came into force on 6th April 2003. But will they really make a difference for parents of young families in this country?
The main provision of the new regulations is the right to make an application to work flexible time to aid you in caring for your child. A request can be made for flexitime, working from home, job share, term-time working, shift working, staggered hours, self-rostering, annualised hours, compressed hours and tele-working.
However, it is not simply a case of asking your employer to work as and when you please; there is a procedure to be followed, and the right only applies to certain types of employee. A parent, adopter, guardian or foster parent of the child may apply, if living with the child and responsible or expected to be responsible for raising the child. The child must be under six years of age, or if disabled, under eighteen years of age. 26 weeks continuous service on the date that the application is made to your employer is also required.
Next, you must make an application. This must be submitted in writing to your employer. It must set out your desired working pattern and explain how you think your employer would be able to accommodate your request. After you have given your employer your application, the down side is that they are only required to consider it, and follow a specific procedure to ensure that it is considered seriously. This means that you are in no way guaranteed to have your changes implemented.
Your employer must meet with you to discuss your application within 28 days, unless it is agreed to within that time. You are entitled to be accompanied at the meeting by a fellow worker. The decision of the meeting must be given to you in writing within 14 days of the meeting and, if you disagree with the decision, you may appeal in writing within 14 days of being given the
decision. Your employer may only refuse your request for a change in working hours if there are business reasons for this, for example, it is too costly, customer demand will not be met, or it will not be possible to organise work among other staff. The inability to recruit new staff and lack of work during times when employee proposes to work are also considered to be valid business reasons for refusing a change.
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