The following is an example of a Work-Life/Family-Friendly policy which is used in
Islington Council. This gives a starting point for work in this area and can be adapted
by local businesses to suit their own needs. It is for illustrative purposes only and the
council accepts no liability for the use of this information or actions taken on the
basis of the information provided.
Flexible Working
For those with childcare needs or who care for an adult
1.
Introduction
Parents with children and those caring for dependent adults have a statutory right to
request flexible working such as changing hours or working from home.
Islington Council promotes the principle of supporting work life balance and
managers should seriously consider all requests to work flexibly, including those that
are outside the statutory eligibility criteria, reasonable and sensitively.
Attached to this policy at Appendix A are the Guidance Notes for Employees and the
Application Form, and at Appendix B model letters for use in implementing this
policy.
2. Who is Eligible under the Statutory Procedures?
In order to make a request under this right the employee will need to:
Children
a) have a child under 16, or under 18 in the case of a disabled child
b) have worked with the council continuously for 26 weeks at the date the
application is made
c) make the application no later than two weeks before the child’s sixteenth
birthday or eighteenth birthday in the case of a disabled child
d) have or expect to have responsibility for the child’s upbringing
e) be making the application to enable them to care for the child
f) not be an agency worker
g) not have made another application to work flexibly under the right during the
past 12 months.
Carers of Adults
An employee who is a carer for an adult may also claim this right if:



They are married to, or the partner of or civil partner of the employee or
The adult (requiring care) is a relative of the employee: child, uncle, sister,
parent-in-law, son-in-law or grandparent: or
Falls into neither category but lives at the same address as the employee.
3. What may eligible employees be able to request?
They may request:
 a change to the hours they work
 a change to the times when they are required to work
 to work from home.
This covers working patterns such as annualised hours, compressed hours,
flexitime, homeworking, job-sharing, self-rostering, shift working, staggered hours
and term-time working.
4. Procedure to apply for flexible working
It is the employee’s responsibility to make an application in writing.
Only one application can be made in a year under the right. If the council accepts
and agrees to the application, this will mean a permanent change to the employee’s
terms and conditions of employment.
So it is important that an employee consider very carefully the following:



which working pattern will help them best care for person they need to
support;
any financial implications it might have on them in cases where the desired
working pattern will involve a drop in salary;
and any effects it will have on their employer’s business and how these might
be accommodated.
The employee should forward the completed application form to their manager.
The manager should meet with the employee within 28 days after the receipt of the
completed application.
This meeting is to give the opportunity for both the manager and the employee to
consider and discuss desired work pattern in depth, and how best it might be
accommodated. This meeting will also provide an opportunity to consider other
alternative working patterns should there be problems in accommodating the desired
work pattern outlined in the employee’s application.
The employee may bring a union representative or friend/colleague to the meeting if
they wish to.
5. Management Response and Decision
The manager must write to the employee within 14 days after the date of the
meeting, to either
 agree to a new work pattern and a start date;
 or to provide a clear business ground(s) as to why the application cannot be
accepted and the reasons why the ground(s) applies in the circumstances.
The only reasonable grounds for refusal as listed under the Employment Rights Act
1996, s. 80G(1)(b) are:
 The burden of additional costs
 Detrimental effect on ability to meet customer demand
 Inability to re-organise work among existing staff
 Inability to recruit additional staff
 Detrimental impact on quality
 Detrimental impact on performance


Insufficiency of work during the periods the employee proposes to work
Planned structural changes
There may be occasions where the manager will want to take further advice or make
additional arrangements prior to notifying the employee with their final decision.
In these cases the manager should advise the employee (and their representative if
appropriate) of the reason for any delay in writing.
6. Right of Appeal Against Refusal of the Request
The employee has the right to appeal against their manager’s decision, where it
does not meet with their original request, within 14 days of receiving the notification
in writing.
The appeal process is designed to promote be in keeping with the overall aim of the
right of encouraging both parties to reach a satisfactory outcome at the workplace.
The appeal to the Corporate Director of the department / service area should be
made within 14 days after the date of the meeting original decision.
7. Further Information
Further Information on the statutory right to flexible working can be obtained from
HR.
Appendix A
FLEXIBLE WORKING GUIDANCE NOTES FOR EMPLOYEES
-Please read these carefully before completing the attached application form
1. Who is Eligible under the Statutory Procedures?
In order to make a request under this right, you need to:
Children
1. have a child under sixteen, or under eighteen in the case of a disabled child
2. have worked with the council continuously for 26 weeks at the date the
application is made
3. make the application no later than two weeks before the child’s sixteenth
birthday or eighteenth birthday in the case of a disabled child
4. have or expect to have responsibility for the child’s upbringing
5. be making the application to enable them to care for the child
6. not be an agency worker
7. not have made another application to work flexibly under the right during the
past 12 months.
1.2 Carers of Adults
If you care for an adult, you may also be able to claim this right if:



you are married to, or the partner of or civil partner of the adult requiring care
or
the adult (requiring care) is your relative or
falls into neither category but lives at the same address as you do.
2. What you should do to make a request.
You must be sure to submit your application to your manager well in advance of the
date that you want the arrangement to start.
It will help your manager to consider your request if you give as much information
that you can about the working pattern you want to do.
Please complete all the questions as otherwise delays may occur in your application
being considered. When completing the form, think about what effect your change in
working pattern will have both on the work that you do, and on your colleagues.
Once you have completed the form, you should send it to your manager (you might
want to keep a copy for your own records). Your manager will then have 28 days
after the day your application is received in which to arrange a meeting with you to
discuss your request. If your manager agrees to your request this will be a
permanent change to your terms and conditions unless otherwise agreed.
3. When you can expect a decision
Your manager will try to make a decision as soon as possible, however, under the
under the legal right to apply for flexible working, it may take up to 14 weeks to
consider a request before it can be implemented and possibly longer where
difficulties arise.
4. Right of Appeal where your request is not agreed
Where you have made your request to work flexibly under the statutory regulations,
you will have the right to appeal this decision.
Your appeal must be made to the Corporate Director of the department within 14
days of receiving the notification in writing.
Please note that if you are not making an application under the Statutory Regulations
you will have no automatic right of Appeal against a refusal to agree your request.
If you feel that you have not been treated fairly you may raise a Staff Grievance.
Appendix A.1
FLEXIBLE WORKING - APPLICATION FORM
Name:
Designation:
Service Area / Department:
Section:
1 I would like to apply to work a flexible-working pattern that is different to my
current working pattern under my right provided in law.
I confirm I meet each of the eligibility criteria (listed below):
or
I do not meet the eligibility criteria and I would like to apply for flexible working for
another reason (go to Section 2 below)
Children:
 I have responsibility for the upbringing of either a child under sixteen or a
disabled child under 18.
 I am the mother, father, adopter, guardian or foster parent of the child; or married
to or the partner of the child’s mother, father, adopter, guardian or foster parent
 I am making this request to help me care for the child.
 I am making this request no later than two weeks before the child’s sixteenth birthday
or eighteenth birthday where disabled.
 I have worked continuously as an employee of the council for the last 26 weeks.
 I have not made a request to work flexibly under this right during the past 12
months.
Caring for an Adult:
I confirm I meet the following criteria (tick as appropriate)
(a) I am married to, or the partner of, or civil partner of the person requiring care,
or
(b) The adult (requiring care) is my relative
(Please specify relationship)……………
(c) The person for whom I have a caring responsibility lives in my house.
2 If you do not meet the eligibility criteria and wish to apply for flexible working
for some other reason, please complete the following section.
I would like to apply for a flexible working arrangement for the following reason/s.
3 What is your current working pattern? (days/hours/times worked)
4 What working pattern you would like to work in future (days/hours/times
worked) -
5 Impact of the new working pattern
Please explain how you think this working pattern will affect your team and service.
Name:
Signature:
Date:
Appendix B.1
Model Acceptance Letter
Dear:
Following receipt of your application dated [insert date] and our meeting on [insert
date of meeting] I have considered your request for a new flexible working pattern.
I am pleased to confirm that I have agreed to your request or
I am unable to agree your original request. However, I am able to offer the
alternative pattern. which we have discussed and you agreed would be suitable to
you. [Delete as appropriate]
I confirm that your new working pattern will be as follows:
[Insert new working arrangements]
This will be effective from [insert effective date].
Please note that the change in your working pattern will be a permanent change to
your terms and conditions of employment and you have no right in law to revert back
to your previous working pattern.
If you have any questions about the content of this letter please contact me to
discuss them as soon as possible.
Yours sincerely
Appendix B.2
Model Refusal Letter
Dear
:
Following receipt of your application of [insert date] and our meeting on [insert date] I
have considered your request for a new flexible-working pattern.
I am sorry but I am unable to accommodate your request for the following business
ground(s):
[State grounds see acceptable grounds in procedure- you should explain why any
other work patterns you might have discussed at the meeting are also inappropriate]
You have the right of appeal against this decision. If you wish to appeal, you must
write to the Corporate Director of the service, setting out the grounds for your appeal,
within 14 days after receipt after the receipt of this letter.
.
If you have any questions about the content of this letter please contact me to
discuss them as soon as possible.
Yours sincerely
Appendix B.3
Model Appeal Letter
Dear
I wish to appeal against my line manager’s decision, to refuse my application for
flexible working.
I am appealing on the following grounds:
{Please gives reasons in full}
Appendix B.4
Model Appeal Outcome Letter
Dear:
I am writing to confirm my decision following our meeting on [insert date of meeting].
At this meeting you were represented by [insert name of representative].
Or [Delete as appropriate] You chose not to be represented at this meeting.
I have considered your appeal against the decision to refuse your
application to work a flexible working pattern.
Having considered all the information, I have decided to uphold your appeal against
the decision.
I am therefore able to accommodate your original request to change your working
pattern as follows:
[Insert details of working pattern]
Your new working arrangements will begin from [insert date]
Please note that the change in your working pattern will be a permanent change to
your terms and conditions of employment and you have no right in law to revert back
to your previous working pattern.
Appendix B.5
Appeal not upheld
I am writing to confirm my decision following our meeting on [insert date of meeting].
At this meeting you were represented by [insert name of representative].
Or [Delete as appropriate] You chose not to be represented at this meeting.
I have considered your appeal against the decision to refuse your application to work
a flexible working pattern.
I am sorry but I must reject your appeal for the following ground(s):
The ground(s) apply because:(please continue on a separate sheet if necessary).
Your