My HR Knowledge Bank
Welcome to My HR Knowledge Bank. You will find frequently asked questions on all current HR Policies and procedures, links to all policies, useful forms, guidelines and toolkits.
RIGHT TO REQUEST FLEXIBLE WORKING
Can an application made under the Right to Request Flexible Working Scheme be turned down?
Yes, an application can be refused where there is a clear business reason. If this is the case then the manager should meet with the employee to explain the reason for refusal.
Can an application to reduce hours be turned down if the manager thinks they will not be able to recruit someone to work the other part of the job?
The manager can only refuse for this reason if they can evidence that they have tried to recruit to the position and have been unsuccessful.
Can any employee apply to reduce their hours of work under the Right to Request Flexible Working Scheme?
The Right to Request Flexible Working Scheme is available to all employees of the Council providing they have been continuously employed for 26 weeks at the date the application is made.
How long can an employee expect to wait for a decision once their application has been submitted under the Right to Request Flexible Working Scheme?
The manager should meet with the employee within 28 days to discuss the desired work pattern. (In some cases the employee and manager may have already met to discuss the request and therefore a further meeting will not be required).
The manager will consider the application and determine whether it can be agreed or rejected.
The decision should be confirmed within 14 days of the meeting and the employee will receive an acceptance or rejection form. If agreed an amended contract of employment will be issued to reflect the change.
How often can an application be made under the Right to Request Flexible Working Scheme?
One application a year can be made. Each year runs from the date when the first application was made.
If an application has been agreed for someone to work Monday - Wednesday what happens if a training day falls on a Friday?
It is essential that part time employees have equal access to training. This should be discussed with the manager in order to agree a solution. It may mean that the working pattern for that week is altered or that they would attend on an alternative date if possible.
Is there a right of appeal if an application made under the Right to Request Flexible Working Scheme has been unsuccessful?
Yes, an appeal must be submitted within 14 days of the date that the decision was notified to the employee.
The grounds for appeal must be set out using the Request for Flexible Working Appeal Form which can be accessed here.
What is the process to apply for flexible working?
The Application for Flexible Working Form must be completed and returned to the manager.
The Application for Flexible Working Form can be accessed here.
What kind of changes can an employee apply for under the Right to Request Flexible Working Scheme?
Providing the employee meets the criteria they could request to:
- Permanently change the number of hours worked
- Permanently change the times they are required to work
- Permanently change anything which is different to their normal working pattern
A request may be as simple as asking to start half an hour later than usual to enable an employee to drop their child off at school, to a reduction in working hours, or a change of shift pattern. The employee's individual circumstances will determine the type of change they may need.
Will flexi time still apply if an application to reduce hours of work is successful?
The service manager will make this decision taking into account the needs of the team and the service being delivered. This should be included in the discussions with the manager before the change is agreed. Whatever is agreed will be reflected in the new contract of employment.