The right to request flexible working came into effect in April 2003 and was modified in April 2009.

Flexible working applies to parents who have at least six months’ service and have children under the age of 16 years (or 18 years if they are disabled and receive Disability Living Allowance); or have responsibility for caring for an adult who is a spouse, partner, civil partner or relative, or although not related to you, lives at the same address as you.

This legislation entitles an employee to submit one request for flexible working in a 12-month period. The employee can request a change in his or her hours of work, the time of work, and the place of work. The reason must be to care for a child or an adult, as detailed above.

How do I request a change under flexible working?

This is a formal process and the request must be made in writing. Your written request should make it clear that this is an application made under the right to request flexible working and should clearly explain how you meet the relationship criteria in respect of the child/adult. You should specify the change applied for and the date you would wish it to start.

You should also explain the effect the proposed change would have for your employer and perhaps suggestions on how your proposed change can be dealt with within the practice.

What else do I need to know?

Once you have submitted your request, the practice is obliged to consider it. Your employers should write to you, within 28 days of receipt, to arrange a meeting to discuss your request. You are allowed to be accompanied to this meeting, by either a work colleague or a trade union representative.

During the meeting, you should be prepared to answer any questions the practice may have with regards to how your proposed request would work and also to consider any suggestions the practice may make. For example, they might suggest an alternative working pattern or a trial period. It is up to you whether you agree to this. Remember, your employer might be unable to agree to your application, but may be able to agree a compromise.

The practice should make a decision within 14 days of the meeting and inform you in writing of its decision, as well as informing you of your right of appeal against the decision.

If the practice agrees to your request, then it will confirm in writing the changes agreed and when these will commence.

If the practice refuses your request, the refusal must be based on one of the following business reasons:

•   the burden of additional costs

•   because customers may suffer

•   inability to recruit additional staff

•   adverse effect on quality or performance

•   insufficient work during the periods the employee proposes to work

•   planned structural changes to the business.

The reasons for the refusal should be set out.

If you decide to appeal against the decision, then you should submit your appeal in writing and the practice should arrange a meeting with you to hear your appeal. You have the right to be accompanied as before.

A final decision should then be made by the practice within 14 days of the appeal meeting.

Author

Nicky Ackerley BA(Hons)

Nicky Ackerley HR Support is owned by Nicky Ackerley who has a BA (Hons) Business Studies Degree is a member of the Chartered Institute of Personnel and Development and who has been a practising HR Manager for over 20 years. HR Support Consultancy has provided the BVNA's Industrial Relations Service since it began in 2002.

This service is available for BVNA members only, therefore be prepared to give your membership number if you contact Nicky.

• VOL 25 • Nol • January 2010 • Veterinary Nursing Journal