Flexible Working/Work and
Families Act 2006.
The right to request, and the duty to
consider.
An employee with the responsibility for the upbringing of a child under the age
of
six (6) - eighteen (18) in the case of a disabled child - has a right to
request, in
writing, a flexible working pattern to enable them to care for the child.
Employers
have a statutory duty to consider the application.
The initial onus is on the employee to prepare an application in advance of when
they would like their desired working pattern to take effect.
The employer then follows a set procedure to ensure the request is taken
seriously. An employer may only refuse a request when there is a
recognised
business reason for doing so.
Parents have this right provided that:
- They are employees working under a contract of employment.
- They have worked for their employer for at least 26 weeks.
- The application is made no later than 2 weeks before the child's cut off age.
- They have not made another application within the previous 12 months.
The basic rights and responsibilities under this legislation are set out below:
Employees' Rights:
- To apply to work flexibly.
- To have their application considered properly in accordance with the set
procedure
and refused only where there is a clear business ground for doing so.
- To have a companion present when meeting the employer to discuss the
application.
- Where the application is refused, to have a written explanation why.
- To appeal against the employers decision to refuse an application.
- To take a complaint to a tribunal in certain circumstances.
Employees' Responsibilities and Best Practice:
- To provide a carefully thought-out application.
- To ensure their application is valid by checking that all the eligibility
criteria are met
and that they have provided all the necessary information.
- To ensure the application is made well in advance of when they want it to take
effect.
- To arrive at meetings on time and to be prepared to discuss their application
in an
open and constructive manner.
- If necessary, be prepared to be flexible themselves to reach an agreement with
the
employer.
Employers' Rights:
- To reject an application when the desired working pattern cannot be
accommodated
within the needs of the business.
- To seek the employees' agreement to extend timescales where it is appropriate.
- To consider an application withdrawn in certain circumstances.
Employers' Responsibilities and Best Practice:
- To consider the requests properly in accordance with the set procedure.
- To ensure they adhere to the time limits contained within the procedure.
- To provide the employee with appropriate support and information during
the course of the application.
- To only decline a request where there is a recognised business ground,
and to explain to the employee in writing why it applies.
- To ensure that any variation with the procedure is agreed in advance with
the employee and recorded in writing.
Flexible Working - Carers:
The Work and Families Act 2006 extends the right to request flexible working to
carers of adults aged 18 or over. This extension to the right to request
flexible
working comes into force on 6th April 2007.
A carer will be defined as an employee who has at least 26 weeks' continuous
employment at the date the application is made, who is or expects to be caring
for a person aged 18 or over, and who:
1) Is married to, or partner, or civil partner of the employee, or
2) Is a relative of the employee, or
3) Falls into neither category (1) nor (2) but lives at the same address as the
employee.
"Relative" is defined in two categories:
1) An "immediate relative" includes, a mother, father, adopter, guardian,
parent-in-law,
son, son-in-law, daughter, or daughter-in-law, and
2) A "near relative" is a brother, brother-in-law, sister, sister-in-law, uncle,
aunt, or a
grandparent.
These categories include half-blood relationships - e.g.: half-brother or
half-sister.
Both options include adoptive relationships.
"Partner" is defined as someone who, in the context of caring for both children
and
adults will be defined as the other member of a couple consisting of either a
man
and a woman who are not married to each other but are living together as if they
were husband and wife, or two people of the same sex who are not civil partners
but are
living together as if they were civil partners.
The exact nature of the care involved has not yet been defined. The
government
believes that those employees involved in 'substantial and regular care' will
have
sufficient cause to request a permanent change to their contract of employment.
A series of forms will be required by both the employer and employee to enable
them to follow this procedure.
Copies of the forms based on best practice can be obtained from the
DTI website
Unity will provide copies of the forms and further information on Flexible
Working.
Contact your site representative or ring Unity Head Office on 01782 272755.