For the employers: if an employee requests a change to their working hours or regular remote working.
This process features on our list of 25 processes every business needs.
1Receive a Flexible Working Request Form from the Employee
Send a Flexible Working Application Form to the Employee (you can find this attached to this step) and attach the completed returned copy from the to this step
2Check whether the Employee qualifies under the Employment Rights Act 1996 Article 80F
Due: 60 days before task is due
To qualify, the employee has to have:
a minimum of 26 weeks service and care for a child (inc agency workers)
(a) minimum of 26 weeks service
(b) is not an agency worker Please see the link for the most up to date criteria that the Employee must meet to apply for flexible working hours.
3Does the employee qualify? Issue letter to employee
Due: 50 days before task is due
NO, the employee does not qualify:
- Please use the letter template attached to this procedure to inform the Employee that their application has been rejected.
Ensure that the reason/s for rejection are one or more reasons mentioned under Article 80F (laid out in step 2 above).
YES, the employee does qualify:
- Arrange a meeting with the Employee to discuss their Application.
- Send a Meeting Request letter to the employee using the template attached to this procedure.
- This meeting needs to be with the Employee, their Line Manager and an impartial 3rd party
UPLOAD A COPY OF THE LETTER ISSUED, TO THIS STEP
4After the meeting with the employee, consider the Employee's Application and make a decision based on The Employment Rights Act 1996 Article 80F
Due: 40 days before task is due
The Employer shall:
(a) Deal with the application in a reasonable manner
(b) Notify the employee of the decision on the application within 3 months from the date of application
(c) Only refuse the application because they consider that one or more of the following grounds apply:
- The burden of additional costs
- Detrimental effect on ability to meet customer demand
- Inability to re-organise the workload among existing staff
- Inability to recruit additional staff
- Detrimental effect on quality
- Detrimental impact on performance
- Insufficiency of work during the periods the employee proposes to work
- Planned structural changes
5Issue a final Decision Letter
Due: 30 days before task is due
Using the template letters in this step, issue either an acceptance or rejection letter to the Employee.
UPLOAD A COPY OF THE DECISION LETTER TO THIS STEP
6IF THE FINAL DECISION IS TO ACCEPT THEIR REQUEST: Notify HR for an employment contract change, payroll salary update and holiday allowance update
Please email HR with a copy of the decision letter (as this will detail the changes being made to the Employees' contract) and let them know whether the Employees salary will be effected by these changes.
7HR to issue a new Employment Contract to the Employee
ADD A LINK TO YOUR EMPLOYMENT CONTRACT TEMPLATE HERE!
8Receive the signed contract back from the Employee and file in the HR folder
ADD A LINK TO YOUR EMPLOYMENT CONTRACTS FOLDER HERE!
9IF THE EMPLOYEE WISHES TO APPEAL: Receive written notification from the Employee
The employee must appeal in writing within 1 month of the decision being issued, unless otherwise agreed in writing. Attach this notification to the procedure instance.
10Consider the Employee's wish to Appeal the Decision based on The Employment Rights Act 1996 Article 80F
11Issue a *new* Final Decision Letter
Using the templates below please issue either a rejection or acceptance letter and notify HR of the decision.
12IF THEIR APPEAL IS ACCEPTED: HR to issue a new Contract
Ensure that you have received any changes to salary, holiday allowance, working hours or working location so that you can edit the contract accordingly.
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