Flexible working
This can take many forms. The most common requests are for:
- Reduction in hours, including job share
- Change in working pattern i.e. days, hours or start and finish times
- Scope to work from home, occasionally or regularly
The statutory right to request flexible working applies to all employees that meet the following criteria:
- Have 26 weeks' continuous service at the date of application
- Are an employee, not a worker
- Have not made another application in the last 12 months
Although the above sets out the statutory entitlement, schools are encouraged to give reasonable consideration to all requests regardless of whether they meet the criteria.
All requests for flexible working should be made in writing, please see link to the toolbox here
Once a completed form is received you should arrange to meet with the employee, who has a right to be accompanied by a work colleague as soon as possible. The aim is to gather further information to ascertain if the request could be accepted.
Once a decision has been made you should write to the employee. If the request is rejected, in accordance with employment legislation, it must be for one of the justified business reasons in the guidance.
Is there a right of appeal when a flexible working request is refused?
Where a request for flexible working has been refused ACAS advises employers to allow the employee to appeal the decision, as this may reveal new information or an omission in following a reasonable procedure when considering the applications. Any appeal would normally be heard by the school’s Appeals Committee and should be arranged without delay.
All requests, including any appeals, must be considered and decided on within a period of three months from first receipt, unless extension is agreed with the employee.
If you require further advice please contact your named HR Consultant.
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