Right to request flexible working Letter explaining the scope by tommyadams

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									Right to request flexible working: Letter explaining the scope of the
right to request flexible working (letter)




Letter wording:

Thank you for your letter of [ ] requesting flexible working. Unfortunately, your
request did not meet all the statutory criteria. You may find it helpful to read
the text below, which explains your rights and responsibilities in respect of
submitting a request for flexible working. Your request must be in writing in
order to be valid.

OR

You have indicated in a conversation/meeting with me/your manager that you
would like to change your pattern of working.
You may find it helpful to read the text below which explains your rights and
responsibilities in respect of submitting a request for flexible working. Your
request must be in writing in order to be valid.
Eligibility for flexible working
An employee will be eligible to submit a request for flexible working if he or
she:
 has a minimum of 26 weeks' continuous service with the London Borough
        of Southwark Council’s as at the date the request is submitted;
   has a child under the age of six (18 if the child is disabled);
   has responsibility for the upbringing of the child;
   is making the request in order to help with the care of the child;
   has not made an application for flexible working in the previous 12 months;
   submits a properly completed request in writing.
How to submit a request for flexible working
The right to request flexible working includes the right for an eligible employee
to ask for changes to one or more of the following:
 the number of hours worked, eg part-time working, term-time working;
 the times of work, eg the days of the week worked and start/finish times;
 the place of work, ie a request to do some or all of the work from home.
The request must be in writing (e-mail is acceptable) and must stipulate:
 whether the employee has made a previous application for flexible working, and if
so when the application was made;
 the change applied for, ie the pattern of working the employee wants;
 the date on which the employee would like the changes to take effect;
 the effects that the employee envisages the changes requested will have on the
school; and
 how the employee thinks any such effects might be dealt with.


The School is not obliged in law to deal with a request that is not in writing, or
one that does not contain the required information.
The School is not obliged automatically to agree to a request for flexible
working, but is under a duty to consider any valid request seriously. It is the
School's policy to do everything it reasonably can to accommodate
employees' requests for flexible working, and to discuss each employee's
request fully at a meeting arranged for that purpose. Nevertheless there may
be occasions when agreeing to what an employee wants is not possible or
practicable from a business perspective. In these circumstances, the School
will discuss possible alternative working patterns with the employee with a
view to seeking a compromise arrangement that suits both parties.
Once an employee has submitted a valid application for flexible working, the
School will contact him or her to arrange a meeting, which will take place
within 28 days of the application, to discuss how the pattern of working
requested might be made to work. The employee will be entitled, if he or she
wishes, to be accompanied at the meeting by a trade union or work colleague
of his or her choice.
If the request for flexible working is agreed, the agreed changes will constitute
a permanent variation to the terms of the employment contract, unless agreed
otherwise. This means that, once a change to an employee's hours or place of
work has been implemented, the employee will have no automatic right to
revert to his or her previous pattern of working at any future date, nor will the
school have the right to require the employee to revert to his or her previous
pattern of working. This does not mean that the employee is barred from
making a request for another change to his or her working pattern in the
future, but rather that there will be no statutory entitlement for the employee to
switch back to his or her current working pattern at a future date. It is
therefore important for employees to understand that any changes agreed will
be viewed as permanent.


When to use this document
Use this letter to inform employees who have indicated an interest in applying
for flexible working, or who have made a request that does not meet all the
statutory criteria, about their rights and responsibilities in respect of requests
for flexible working.

								
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