Right To Request Flexible Working

The Employment Rights Act 1996 (ERA) and the Flexible Working Regulations 2002, (FWR) gives certain employees the right where they have a child under six years of age or under 18 if disabled, to request a flexible working pattern.

Qualifying employees must:

• make the application at least two weeks before the child is either six or if disabled 18
  
• have been continuously employed for at least 26 weeks
  
• be the parents including adoptive parent, foster parent or guardian or the spouse or partner of the person with the responsibility
  
• have or expect to have responsibility for the child's upbringing

A qualifying employee does not have an automatic right to work flexibly, however, their employer does have a duty once a request is made to consider it.

The application for flexible working by the employee must be made formerly and in writing. There is a DTI form available from the Department of Trade and Industry website, which can be used, although it is not compulsory, provided the application contains the necessary information stipulated under the FWR. The employer is not obliged to consider an application if it is incomplete.

Following receipt of a request the employer must within 28 days either agree to the request or arrange a meeting to consider the request and how it could be implemented. Following the meeting, the employer must write to the employee within 14 days either agreeing to the employee's request, specifying the variation to the contract terms affected and indicating a start date or rejecting the request, giving a sufficient business reason as to why and explain why the reason applies. The employer must also set out the employees right to appeal.

An employee's appeal must be given in writing and set out the grounds of appeal, within 14 days of being notified of the decision.

Within 14 days of receiving the notice of appeal, the employer must arrange a meeting to discuss the appeal.

Within 14 days of the meeting, the employee must be informed as to whether the appeal is upheld or dismissed and giving the reasons for the dismissal.

Any of the specified time limits can be extended by written agreement. An employee has the right to be accompanied to any meetings or appeals by a colleague working for the same employer.

Any refusal by an employer (even if it is a refusal on one of the grounds permitted under the FWR), may still be challenged by an employee if it is discriminatory or in breach of equal pay legislation.

As an employee, you should be aware that if you feel that;

• you have suffered a detriment as a result of requesting flexible working
• you have been unfairly dismissed
• your employer has not followed the correct procedure
• your employer has erroneously rejected your application
• your employer has refused you the right to be accompanied to meetings of appeals

Then you must first bring the matter to your employer's attention through the company's internal grievance procedure and exhaust all internal procedures before commencing a claim in an Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim, please complete our Free Claim Assessment Form online now. We will then respond to you usually within 48 working hours, including a free initial assessment of your claim.

Alternatively, you can download the free claim assessment form and send it to net employment solicitors at the address on our contact page.