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Guide to....

 

The Mid Devon UNISON Guide to Flexible Working

 

 

Introduction

 

From April 6^th 2003 parents with children aged under 6 or disabled children aged under 18 have the right to request a flexible working pattern providing they have the qualifying length of service. Mid Devon District Council. like all employers, have a statutory duty to consider their applications seriously.

 

At the same time the Government is increasing and extending maternity leave and pay and introducing rights to paid adoption and paternity leave.

 

This guide is a summary of the new rights and a guide to how to make your application; it is not a statement of the law. Further advice is available from your UNISON representative.

 

The right to “request”

 

Employees have a right to request flexible working, not an automatic right to work that way – there will always be circumstances where the employer is unable to accommodate the employee’s request.

 

However, the aim of the regulations is to enable employers and employees to discuss and consider flexible working arrangements, and find a solution that suits them both.

 

Who can apply?             

 

You must be an employee (not an agency worker) who has worked continuously for the council for at least 26 weeks.

 

The rights only apply to parents – mother, father, adopter, guardian or foster parent, or someone married to the mother, father, adopter, guardian or foster parent.

 

The employee must have a child aged under 6, or under 18 in the case of a disabled child

 

The employee must also have or expect to have responsibility for bringing up the child.

 

When can I apply?

 

You may apply only once in a 12 month period

 

The application must be made no later than 2 weeks before the child’s sixth birthday, or 18^th birthday in the case of a disabled child.

 

 

Why can I apply?

 

Employees can only apply for a change to their working arrangements which would enable them to care for their child.

 

 

 

 

What changes can I request?

 

An employee who meets the qualifying requirements can apply for:

 

• a change to the hours they work (increase or decrease)
• a change to the times they are required to work
• to work from home

 

This covers working patterns such as annualised hours, compressed hours, flexitime, home working, job-sharing, self-rostering, shift working, staggered hours, and term-time working.

 

 

 

 

OK – how do I apply?

                                                                                                                                               

1. Apply in writing

 

It is up to the employee to make a considered application in writing. If the change is accepted it will mean a permanent change to the employee’s own terms and conditions of employment, although they may, of course, make a further application after 12 months.

 

It is important, therefore, that the employee gives serious consideration to the working pattern that enables them to care for their child in the best way.

They should also consider the effect of any drop in pay due to reduced working hours, and the effects on the council’s business and how best to accommodate these.

 

A Flexible Working Application Form for making your application can be found on the ACAS website at www.acas.org/employment/et_fw.html where you will also find forms for lodging an appeal or withdrawing your application.

 

 

2. Meeting with employer

 

Within 28 days of your application, the council must arrange to meet with you to discuss your application. You have the right to be accompanied by another council employee (including, of course, your UNISON representative) if you wish.

 

The meeting gives the employee and the council representative the opportunity to explore the proposed working pattern in depth, and to discuss how best it might be accommodated. It also provides the opportunity to consider other working patterns if there are problems accommodating the employee’s proposal.

 

 

3. Written response

 

Within 14 days of the meeting the employer must write to the employee to either:

 

• agree to the new work pattern and establish a start date, or
• confirm the compromise agreed at the meeting, or
• reject the request and provide clear business grounds as to why the application cannot be accepted, and the reason why those grounds apply in the circumstances, and set out the appeal procedure.

 

The time periods mentioned above can be extended where both sides agree – any extensions should be recorded in writing by the employer and copied to the employee.

 

 

4. Can I appeal against the decision?

 

Yes. The procedure provides the employee with the right to appeal against their employer’s decision within 14 days of being notified of it. Again the employee has the right to be accompanied.

 

The employer must notify the employee of the appeal decision in writing, within 14 days of the appeal.

 

 

 

 

What are “clear business reasons”?

 

Applications can only be refused for one or more of the following reasons:

                                                                                                                                                                                                           

• The burden of additional costs
• Detrimental affect on ability to meet customer demand
• Inability to reorganise work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes

 

 

 

 

 

What else can I do if my application is refused?

 

There are other options that can be explored, depending on the circumstances, including:

 

• Your UNISON representative - Remember that, through your UNISON representative, you have access to one of the largest legal advice systems in the UK.  UNISON will endeavour to advise and support members in making their applications, and provide a “companion” to accompany members who request one whenever possible.
• Informal discussions with the council management
• The council’s grievance procedure
• Conciliation through ACAS, including referral to arbitration scheme
• Complaint to Employment Tribunal

 

If a decision is made against the council at Employment Tribunal or ACAS arbitration, then the employer may be instructed to reconsider the application, and may also have to pay you compensation.

 

 

 

 

 

 

Further Advice

 

There are excellent guides to Flexible Working on the ACAS website at www.acas.org.uk/employment/et_fw.html or at the Department of Trade and Industry (DTI) website at www.dti.gov.uk/er/individual/flexible-p1516.htm

 

You can also speak to your UNISON representative (find out who yours is at http://pages.unisonfree.net/middevon/contact.htm ) or request an informal meeting by email to [email protected]

 

You can also ring the UNISONdirect help line on 0845 355 0845 which is open from 6am to midnight, Monday to Friday, and Saturday 9am to 4pm. If possible, quote your membership number.