Flexible working

Flexible working patterns can allow employees to manage both work and their caring responsibilities. Flexible working could include flexible starting and finishing hours, compressed working hours, annualised working hours, term-time working, job sharing, part time working, homeworking or teleworking.

Who has the right to request flexible working?

You have the right to request flexible working if you are an employee with 26 weeks continuous employment at the date you make an application, and you are:

• a parent with a child(ren) under 6 or a disabled child(ren) under 18 or
• a carer - to qualify as a carer under the legislation, you must be, or expect to be, caring for a spouse, partner (who you live with), civil partner or relative, or live at the same address as the adult in need of care. 'Relative' includes parents, parent-in-law, adult child, adopted adult child, siblings (including those who are in-laws), uncles, aunts or grandparents and step-relatives.

The law gives you the right to make one application per year for flexible working. However, your employer may be sympathetic if you find your circumstances have changed and you need to make a further application.

How do I make a request?

The request to work flexibly must be made in writing and dated and should include:

• confirmation that you are eligible i.e. that you are a carer
• an outline of the working pattern you would like
• an explanation of the effect, if any, you think the proposed change might have on your job and, how you think this could be dealt with.
• the date on which you would like the proposed change to start.
• whether you have made a previous request and, if so, the date of that request.

Your employer may have a standard form for you to use or you could download the booklet below which contains an application form and a section called 'Guidance for employers', which we suggest you give to your employer as part of your application.

What evidence of caring is required?

• You are not required to prove the caring relationship but it may help your application to give as much information as possible.
• 'Caring' in this context includes not just personal care but also, for example, emotional support, keeping the cared for person company, helping with financial matters or paperwork, escorting them to medical appointments.

When can I make a request?

You can make a request at any time as long as you meet all the eligibility criteria. It's best to make the request as soon as possible as the application process can be lengthy.

Can my employer refuse my request?

Your employer can only refuse your request if they have good business reasons for it. It is important to consider the needs of your company when you make your request, and to include as much information as you can about how your proposed change will help the business as well as you, or how you can deal with any possible negative impact you think your employer may be concerned about.

Business grounds on which your employer can refuse your application are: burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganise work amongst 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.

If the request is rejected you can appeal in writing within 14 days of notification. You may be able to take further action if your appeal is unsuccessful provided that you feel that the process was not followed correctly; proper consideration was not given to (some of) the facts of your case; you have been discriminated against in some way. If this is the case, seek legal advice.