Reply to employee requesting a change to working hours
November This information sheet explains the rights you have if you want to change your hours to fit in with caring for your children. Your rights when asking for child-friendly working hours Can I ask to change my working hours?
If you need to change the hours you work because of childcare, you can make a request for flexible work. Your employer has a duty to consider your request in a reasonable manner and your employer must not discriminate against you.
This information sheet explains how to ask for child-friendly working hours and what you can do if your employer refuses your request. Who has the right to ask for flexible work? All employees including trainees and apprentices have the legal right to make a request for changes to their hours of work, days of work or place of work providing: you have been employed by your employer for at least 26 weeks by the time you make your request, and you have not made a request for flexible work in the last twelve months whether it was granted or refused.
You are still employed during maternity, paternity or periods of parental leave, so any weeks of leave count towards your continuous employment. What changes to my work can I ask for? You can ask to change your hours of work, your days of work, your place of work or a combination of all of these in relation to your present job. Your employer is not expected to find you a different job.
This means you can ask to work part-time, flexi-time, term-time only or on hours or shifts that fit with your childcare. You can also ask to work at home. Can my employer refuse my request?
Your employer must properly consider your request. Your employer can only refuse your request for one of the following business reasons: the burden of additional costs the detrimental effect on the ability to meet customer demand they are unable to reorganise the work among existing staff they are unable to recruit additional staff the detrimental effect on quality detrimental effect on performance there is not enough work during the periods the employee wants to work, or planned structural changes Your employer must also explain why that reason applies in your circumstances.
Remember: under the regulations your employer must consider how you can do your present job in the way that you have requested. They are not expected to find you another part-time job.
Note: This right is in addition to the law on sex discrimination — see later in this information sheet. There are many similarities between the two rights and both will apply so you may have a claim under both. How to ask for child-friendly working hours When should I ask to change my working hours? There are no hard and fast rules on when to ask but you will need to give your employer time to consider your application and time to make any changes necessary, for example, to recruit a job-share partner.
If you ask to change your hours under the right to request flexible work your employer must consider your request in a reasonable manner and must provide a decision within three months of the date of your application unless you and your employer agreed to a longer period.
Wherever possible, it is a good idea to make your request at least three to four months before you want the new arrangement to start. How do I make a statutory flexible work application?
If you want to use your legal right to ask for flexible work, you must make an application in writing and you MUST include all of the following. This is called a statutory flexible work application under the Employment Rights Act s.
State the working pattern you are asking for and the date you want it to start Explain what effect, if any, you think the new working pattern would have on your employer and how you think it could be dealt with State whether you have asked before and, if so, when Sign and date the application Throughout, you should remember this is a negotiation, you have the right to ask for flexible working, but not the right to get the arrangement you wish for. In order to maximise your chances of success, it may be a good idea to present your employer with two or three different workable scenarios.
It will be more difficult for your employer to justify refusing a number of options than it will be to justify refusing just one scenario. Also bear in mind that you are asking your employer to be flexible so it is a good idea if you can also be flexible and be prepared to make compromises yourself.
This may make it much more likely that you can come to a workable solution together. Your application can be made by letter, fax or email and you should keep a copy. Your employer may have a standard form for making an application, so you should check. You can also use a model letter to make a statutory request for flexible work here. Alternatively, you could use the government application form: Form FW A available at: www.
This form includes an acknowledgment slip for your employer to return to you confirming that they have received your application. How much information do I have to give about the effect of the changes and how it could be dealt with? You should think about what will happen on the days when you are not at work and how any problems could be overcome.
You probably know your job better than anyone else so think about how the new working pattern could work. For instance, is there someone else who does the same job as you who can cover? If not, you could suggest that your employer takes on another part-timer or job-share partner.
The more you can demonstrate to your employer that your proposal is workable, and that you can demonstrate solutions to any objections they may have, the more likely it is that your request will be granted or at the very least, that your employer was not justified in refusing it. What happens when my employer receives the application? Your employer must consider your request in a reasonable manner. This usually means that your employer should meet with you to discuss your application and provide a decision within a reasonable period.
You do not have a legal right to appeal a refusal but many employers do allow you to appeal if they refuse your request. You are allowed to have a work colleague with you at the meeting and appeal and you should notify your employer if you will be accompanied. Your employer must provide a decision within three months of the date of your application unless you and your employer agree to a longer period. You should notify your employer and ask to rearrange the meeting. Your employer should allow you to rearrange if you have a good reason such as illness or childcare difficulties.
If you do not attend two meetings or appeals your employer is entitled to consider your application as withdrawn. What if my employer needs more time to consider my request? If either you or your employer would like more time to reach a decision you can both agree to an extension of the time period. I returned to work full-time for a year after maternity leave but cannot continue because my parents can no longer help out with childcare. Can I now ask my employer if I can reduce my hours?
Yes, the right to ask for flexible work applies at any time but you can only make one statutory request a year. If you have already made one request in the last 12 months, you can make a further request but this would be outside the statutory rules and therefore your employer would not need to point to one of the 8 business reasons for refusal or deal with your application within 3 months etc.
You would still have the right to have your request properly considered and to be given reasons for refusing. If your employer refused, you may want to consider if you could make arguments of indirect sex discrimination see below. My employer agreed to let me work part-time but I would now like to increase my hours.
Can I go back to my full-time job? Once you and your employer have agreed to a new working arrangement it is a permanent change in your contract and you do not have the right to return to a full-time contract unless this was agreed in advance or you and your employer agree on an increase in hours.
It is generally a good idea to agree to a trial period of around 6 months and set a review date. This would mean that neither you nor your employer would be stuck with arrangements permanently if it does not work out. This might also encourage your employer to agree if the reason that is holding them back is that they are reluctant to agree to a permanent change.
This also means, if it works well for the six months and you want it to continue, your employer will have little argument against extending it. If my employer agrees, when does the new arrangement start?
If your employer agrees to your request at the outset, they must write to you confirming the new arrangement and the date on which it will start. The new arrangement should start on the date agreed between you and your employer. This will usually be the date you asked to start the new arrangement, which could be the day you go back to work after maternity leave. It should not be backdated to the date you made the application. Your terms and conditions, such as pay and leave, will remain the same until the date the new arrangement starts when they will be pro-rated to reflect your new working pattern.
For example, if you used to work full time, your annual leave will be based on your full time hours up until the date that your full-time contract ends even if you were on maternity leave during that period. Your annual leave will be pro-rated according to the part-time hours agreed with your employer from the start of your part-time contract.
Your length of employment should continue from when you first started work for your employer including any periods on maternity leave. If you are given a new contract make sure it states that your length of service is continuous with your previous period of employment. The change to your working arrangements will be a permanent change to your contract of employment unless the agreement states that it is only to be for a limited or temporary period.
What to do if your request has been refused My maternity leave ends soon and my employer has not made a decision. What can I do? It is important to try to maintain good communication with your employer while trying to negotiate a satisfactory outcome.
Wherever possible try to arrange a telephone conversation to discuss it or send an email asking for a phone call or meeting to try to resolve it. You could contact your employer and send a copy of this leaflet, pointing out that the matter is now urgent and that you are entitled to receive a decision within three months of the date of your application for flexible work. If all attempts to contact your employer have failed you could write to your employer keep a copy , giving details of previous communications or attempts to contact them and ask for an urgent decision with a deadline for replying e.
In order to extend your time at home while you make other arrangements or continue negotiating with your employer you could consider: Taking annual leave, you can take a day, a few days, a week, or a few weeks in a block at the end of your maternity leave. Any annual leave should be agreed with your employer in the normal way and it is a good idea to confirm in writing the dates on which you are ending maternity leave and taking annual leave.
All employees are entitled to at least 28 days, pro rata for part time staff, paid leave a year. Annual leave continues to accrue during ordinary and additional maternity This means if you have taken a full year of maternity leave, you will have accrued a full year of annual leave.
Parental leave. This means if you have 2 children, you can take 8 weeks parental leave a year. If you have a partner, they could also try to take some parental leave to help out with childcare. Unfortunately, parental leave is usually unpaid. Your employer cannot refuse a request for parental leave but they can postpone it for up to 6 months if it would unduly disrupt the business, which would be unlikely if you are taking it at the end of maternity leave.
For more information, please see Time off for working parents. Emergency time off for dependents — if parental leave has been refused and you have no annual leave to take, and you have tried to find alternative care but there are no alternative sources of childcare, you can take time off for dependents. This is unpaid, emergency leave and is expected to be used to cover unforeseen, short term, emergency type situations but it can be used if you have tried all other sources of childcare and nothing is available.
You can explain you are taking emergency time off for dependents but remember you cannot normally use time off for dependents for an extended period. However, you should note that if you return to work on a full-time basis you may find it difficult to bring a case of indirect sex discrimination later on because you have to show why you are now disadvantaged by having to work full-time because of your childcare.
If you are forced to resign, you should give your employer the notice of resignation required by your contract.
Sample Letter of Request to Reduce Working Hours
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Letter to Request Change of Working Hours – Application for Change My Office Timing
They were very approachable, realistic, and kind in a trying time. Such a humane, dignified way to handle the stress of financial issues. Rosie Do you have questions? Get debt help now If you're struggling and are wondering how to move forward, give us a call. We're happy to answer your questions and help with any financial advice you need.
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Child-friendly working hours
Give us a call if you have any questions. This means you could ask to work fewer hours in the working week by reducing the number of days you work or the number of hours you work on each day. Examples Zara works 35 hours a week working five 7-hour days.
She is also doing a part-time degree.
Can I Change My Working Hours?
Zara could ask to work the same number of hours but over fewer days. So, she could ask to work 8. Jamie works full-time. He would like to ask to change to part-time hours, working 3 days a week instead of 5 so that he can look after his baby for two days each week when his partner returns to work. Fatima currently works 9. She would like to ask to change her hours on Mondays, Wednesdays and Fridays to 9. Her partner is going to do the drop offs and pick ups on Tuesdays and Thursdays.
It takes Craig 70 minutes to get to work and home again at night. He would like to work from home 2 days a week to reduce the time he spends travelling to work each day. He can ask to do this. Amber would like to spend more time with her children during the school holidays.
Some employees might need changes like these to be made if they have a disability. The law offers more rights and protection in this situation. See Discrimination Claims.
Assignment Point - Solution for Best Assignment Paper
How do I ask for the change? It is important that you ask for the change in the right way and the law states how it must be done. This arrangement will benefit my coworkers, as I will have greater availability to assist clients throughout the day. This will not only alleviate pressure on my coworkers, but will also ensure that our clients are serviced in a timely manner.
I believe this change in my working pattern can be managed by ensuring my key tasks are still delivered and my commitment to complete early morning duties before the team logs on. I believe that starting an hour early will actually benefit the team as I will be able to attend to emails received overnight and be ready to field calls at 9. This will enable scheduling of client calls from 9. I would like this working arrangement to start from my return, which is scheduled for 1 January