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Thursday, 20 November 2008

Flexible working: making an application

If you qualify for the statutory right to apply for flexible working, there is a process you must follow.

Making your application

If you are making an application to work flexibly to care for a child then you must make your application in writing before your child's sixth birthday or 18th birthday if your child is disabled.

Writing your application

Your application must:

  • be made well in advance of when you want it to take effect
  • be in writing (whether on paper or electronically)
  • be dated
  • state that the application is made under the statutory right to request a flexible working pattern
  • give details of the flexible working pattern you are applying for, including the date from which you want it to start
  • explain what effect you believe the new working pattern would have on your employer, and how any such effect might be dealt with
  • either confirm you have responsibility for the upbringing of the child and that you are either the mother, father, adopter, guardian or foster parent or are married to or the partner of them
  • or confirm that you care for, expect to be caring for, a spouse, partner, civil partner or relative or someone, who though not related to you, lives at the same address as you
  • state whether you have made a previous application and, if so, when

You can apply by either:

  • filling in a form given to you by your employer
  • filling in a standard form
  • sending the required information in a letter or email

What to include in your application

It is always helpful to provide your employer with as much information as possible, including what the benefits to the business might be. Think about what effect any changes will have on your job. You should aim to show that your plans would not harm the business and may in fact enhance it. It may mean, for example, that you are available to provide extra cover at peak hours, so improving customer service. However;

  • you do not have to provide evidence of a caring relationship
  • you do not have to provide evidence that you have a parental or caring responsibility
  • you do not have to demonstrate why the care cannot be provided by someone else


Your employer should take the decision on whether or not your request can be granted on business grounds rather than your personal circumstances.

Remember, you're only allowed one application a year regardless of whether a previous application was made for separate caring responsibilities.

Any changes agreed will normally be permanent, unless you agree otherwise. Making a permanent change to your contract of employment is a big step, and should not be entered into lightly.  If you have concerns about this you might suggest to your employer that a trial period of working flexibly might be appropriate. 

Withdrawing an application

 

If you decide to withdraw your application for flexible working, you should notify your employer as soon as possible, and in writing, to avoid any misunderstandings.

Your application will be treated as withdrawn if you miss two meetings your employer arranges with you about your request.

Where to get help

For more information on where to get help with employment issues visit the employment contacts page or find out about trade unions.

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