SECTION 2 – Terms and Conditions of Service
SUB SECTION 8 - FLEXIBLE WORKING

Qualification

2.113   There is a statutory duty on employers to consider requests for flexible working either by:

  1. Changing the hours they work.
  2. Changing to the times when they are required to work.
  3. Or to work from home.

2.114  This therefore applies to Dep employees who may make requests for flexible working hours provided they meet the following criteria:

  1. They have worked continuously with BFG for 26 weeks at the date the application is made.
  2. Have a child aged under the age of 18.
  3. Have or expect to have responsibility for the child's upbringing.
  4. Be making the application to enable them to care for the child.
  5. Not to have made another application to work flexibly under the right during the past 12 months.

Request Process

2.115   Written requests are in the first instance to be made to the Unit Civil Labour Officer/Line Manager.  The employee request is to include a statement confirming they have responsibility for the upbringing of the child and   that they are either the mother, father, adopter, guardian or foster parent or are married to or the partner of them.

 

2.116  The application must:

  1. Be made well in advance of when the flexible working is to take effect.
  2. Be in writing.
  3. Be dated.
  4. State that the application is made under the statutory right to request a flexible working pattern.
  5. Give details of the flexible working pattern being applied for, including the date from which it is to start.
  6. Explain what effect it is believed the new working pattern will have on the business and how any effect might be dealt with.
  7. State whether a previous application has been made and if so when.

2.117  A procedural flow chart is at Annex M to this instruction.

 

Grounds for Refusal

2.118  Legitimate grounds for refusal are all 'Business Reasons' and include:

  1. The burden of additional cost.
  2. Inability to re-organise work amongst existing staff.
  3. Inability to recruit additional staff.
  4. Detrimental impact on quality.
  5. Detrimental impact on performance.
  6. Insufficiency of work during the periods the employee proposes to work.
  7. Planned structural changes.
  8. Other grounds that may be specified in regulations.

 

2.119  Refusals under these grounds need to be justified by evidence.

 

2.120 - 2.122  Spare.

 

Revised: 1 JUL 15