WO toolkit 2012 complete.pdf - GMB

SECTION 5.28
28. Can I request flexible working?
You may have a statutory right to request flexible working to care for a child or,since 6 April 2007,to
care for an adult.To qualify for the right to request you must be an employee(i.e.someone with a
contract of employment,so some casual or temporary workers may be excluded).You must also have at
least 26 weeks of continuous employment with your employer.The request must be made and
considered under a special procedure.
There is no automatic right to flexible working.However your employer must properly consider your
request and can only refuse on the following specified grounds: the burden of additional costs;
detrimental effect on ability to meet customer demand; inability to re-organise work among existing
staff; inability to recruit additional staff; detrimental effect on performance; insufficiency of work
during the periods the employee proposes to work; planned structural changes.
Carers of children: you must
• Be making the request in respect of a child under six years old,or under 18 years old if the child
receives Disability Living Allowance.
• Be the mother,father,adopter,guardian,or foster parent of the child,or be married to one of them
or be their partner.(This is defined as a person,whether of a different sex or the same sex,who lives
with the child and the mother,father,adopter,guardian,foster parent in an enduring family
relationship,but is not a blood relative).
• Have or expect to have responsibility for the upbringing of the child.
Carers of adults: you must
• Be caring,or expect to be caring,for a person over the age of 18.
• Make the request in order to care for that person.
• Be the spouse,partner,civil partner or relative,or live at the sme address as the adult needing
care.
In both cases your application must be made to either care for the child or for the adult needing
care.You must not have made another application under the same right during the previous 12 months.
There is a complicated procedure for making the request,and the following is a brief summary:
• Your request must be in writing.State that it is being made under the statutory right to request
flexible work.
• Specify what change you are seeking,and when it is to take effect.You also need to explain what
effect,if any,you think the change will have on your employer,and how you think any such effect
can be dealt with(this does not have to be in complicated detail).You must explain the relationship
between you and the child.
• If your employer agrees to the request outright it will take effect as a permanent change to your
contract,although you can agree with your employer that it will last for a set period of time only.
• If your employer does not agree to the request at this stage,s/he must hold a meeting with you
within 28 days to discuss it.