Nursery owners must consider an employee's request according to the correct procedure.
Employees have a statutory right to apply for flexible working, but they must meet the following criteria:
- Be an employee
- Have a child aged under 17, (18 where disabled)
- Make the request no later than two weeks before the child's appropriate birthday
- Have responsibility for the upbringing of the child.
Be either:
- The mother, father, adopter, guardian or foster parent of the child
- Married to, or the partner of, the child's mother, father, adopter, guardian or foster parent
- Carer of adults who are in need of care
- Not have made another application to work flexibly during the past 12 months.
Changes that can be applied for
Eligible employees can request to:
- Change the hours they work
- Change the times they are required to work
- Work from home.
Making an application
- It must be in writing
- Say that the application is being made under the statutory right to request flexible working
- Confirm that they have responsibility for the upbringing of the child
- Explain what effect the proposed change would have on the employer and how it might be dealt with
- Specify the working pattern applied for
- Date the proposed change should take place
- Date of any previous application.
The statutory right places a legal duty on employers to consider all applications and a process must be followed.
The employer must hold a meeting to consider the request within 28 days after the date of application is received. An employee is entitled to have another employee from the nursery with them at the meeting, and must receive the employer's response within 14 days after the meeting.
If a request is accepted, it must be formalised in a letter providing:
- A description of the new working pattern
- Date from which the new pattern takes effect.
If a request is rejected the letter must outline:
- The business grounds for refusing the application
- An explanation as to why the business grounds for refusal apply in the circumstances
- Details of the employee's right to appeal within 14 days of receiving the letter.
