Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Introduction
1
The right to request flexible working - the eligibility criteria
To have the statutory right to make a flexible working request, an
employee has to meet certain criteria - although there's no reason
why you can't consider requests from employees without this right.
General eligibility requirements
To be eligible to make a statutory flexible working request, a person
must:
• be an employee - agency workers do not qualify
• have worked for you continuously for at least 26 weeks on the
date they make their request
• not have made another statutory request during the past 12
months
The employee can only make an application to care for either:
• a child under 17
• a disabled child who is under 18, and who is in receipt of
disability living allowance
• certain adults who require care
The law does not specify any particular minimum level of care.
However, you can find examples in the page in this guide on the
employee's application for a flexible working arrangement.
Under the statutory arrangements, applications cannot be made for
any other reason.
Parents who can make flexible working requests
A parent can request flexible working if they are either:
• the mother, father, adopter, guardian, special guardian, foster
parent or private foster carer of the child or a person who has
been granted a residence order in respect of a child
• married to, or the partner or civil partner of, the child's mother,
father, adopter, guardian, special guardian, foster parent or
private foster carer or person who has been granted a residence
order in respect of a child
Carers who can make flexible working requests
A carer can request flexible working if they care, or expect to be
caring, for either:
• a spouse, partner, civil partner or relative
• someone who lives at the carer's address
A relative is a mother, father, adopter, adoptee, guardian, special
guardian, parent-in-law, son, son-in-law, daughter, daughter-in-law,
brother, brother-in-law, sister, sister-in-law, uncle, aunt or
grandparent. Step-relatives, adoptive relationships and half-blood
relatives are also included.
2
Employees can make one application every 12 months - even if the
second request in this period was for a different caring responsibility.
For example, an employee wishing to make a request to care for an
adult would still have to wait a year even if their previous request
had been to enable them to care for a child.
Each year runs from the date the first application was made.
Before making a subsequent request, the employee must - at the
date of application - still meet the eligibility criteria.
3
fixed period with a guarantee of full-time work
when this period ends.
Zero-hours Workers work only the hours they are needed.
contracts
Home Workers spend all or part of their week
working/teleworkin working from home or somewhere else away
g from the employer's premises.
Sabbatical/career Workers are allowed to take an extended
break period of time off, either paid or unpaid.
Flexible arrangements should comply with the law on working time.
See our guide on hours, rest breaks and the working week.
Download form FW(A) from the Department for Business, Innovation & Skills (BIS)
website (DOC, 152K)- Opens in a new window.
However, you can accept an email or letter, or provide employees with your own application form.
If the employee doesn't use form FW(A), to be valid their application must:
4
The employee should allow plenty of time between the date of the application and the date they
expect the flexible working arrangement to start. This is to allow you time to look at their
application and assess whether or not you can accommodate it.
• That the child or adult in question requires any particular level of care. For example, an
employee wanting to work flexibly to look after their mother does not have to show that the
mother is unable to cope on her own or that she is disabled and qualifies for disability living
allowance.
• Why they themselves must provide that care. For example, a father asking for reduced
hours in order to care for his child does not have to show why the care cannot be provided by
the mother or by somebody else.
If you think that an employee is abusing the right to request, eg they don't have a qualifying
relationship with the child or adult in question, you can ask for evidence.
However, under the legislation the employee does not have to provide proof of their relationship or
the level of care required. You should make the decision on whether or not you can grant a request
based on business grounds rather than the employee's personal circumstances. If you still suspect
that the employee is abusing the right, you should use your disciplinary procedures.
• emotional support
• giving/supervising medicines
• escorting to doctors' appointments
• keeping the care recipient company
• help with financial matters or paperwork
• supervision of the person being looked after
• help with personal care, eg dressing, bathing, toileting
• help with mobility, eg walking, getting in and out of bed
• housekeeping, eg preparing meals, shopping, cleaning
• nursing tasks, eg daily blood checking, changing dressings
5
Flexible working requests and the contract of employment
If you accept an employee's flexible working request, this may lead to a permanent change to their
contractual terms and conditions.
If this is the case, then the employee may not revert back to the previous working pattern unless
you agree otherwise.
If an employee is concerned about this, you could either suggest that they work flexibly
over a trial period or agree that the arrangement will be temporary - see the page
in this guide on considering an employee's flexible working request.
Flexible working is particularly helpful for employees who have young or disabled children or who
care for an adult.
However, while such employees have the statutory right to request flexible working, those without
the right may find flexible working helpful too. For example:
• working from home may allow them to feel more in control of their workload
6
• staggered working hours may help them avoid the stress of commuting at peak times
Allowing employees to work flexibly in order to encourage a better work/life balance can lead to
improvements in health and well-being. For more information on the benefits that this can bring,
see the page on the business benefits of promoting employee health and well-being in our
guide on how to improve employee health and well-being.
ARGUMENTS FOR:
Flexi-time helps people to balance the demands of their work, leisure
and private commitments.
By staggering travelling times, flexible working lowers peak-time
demand and reduces overcrowding.
Parents of small children already enjoy the benefit of flexi-working.
Ninety per cent of those who have applied have been granted a
change in hours.
Allowing workers to choose their hours helps them to make other
contributions to the community, such as voluntary work or serving on
local councils.
ARGUMENTS AGAINST:
Many organizations and companies - schools, restaurants,
newsagents, transport - are tied to certain hours and demands beyond
their control.
Workers who opt for flexible hours are always vulnerable to the
'sloping off' charge, however unfair. Allowing people to choose when
they worked would undermine trust between bosses and staff.
In every organization some would be granted the hours they wanted,
and some would not. This might create staff jealousy and be bad for
morale.
7
The success of the policy depends on trust and any employee found to be
deliberately abusing this trust will be dealt with dismissal and
disciplinary procedure.
Between 9.00am and 9.30am and 5.30pm and 6.00pm there will
be no Reception coverage.
Cont
d.
8
Cont
d.
Cont
d.
Cont
d.
Cont
d.
9
Line managers and Heads of Teams should encourage and
recommend that employees take appropriate breaks and should
monitor hours to ensure a sensible work-life balance is
achieved.
NOTE (**)
Hours of work are not confined to the bandwidth where an employee may,
for example, be travelling to a location other than their normal place of
work, in connection with their work.
10