Individual informal requests for flexible working
It is advisable to make an informal request before making a statutory request - there is no limit to the number of informal requests you make but you can only make two statutory requests a year.
You should speak to your rep and approach your line manager, head teacher or principal informally to find out if they would be agreeable to a change in your working arrangements. Even if your specific request is not agreed, you may still be able to agree a compromise. If you do get an agreement, you should ensure that you receive written confirmation of what has been agreed and whether this is on a permanent or temporary basis.
If you cannot come to an agreement using this informal route, speak to your rep and consider a statutory application or other options.
Strengthening your request
You can strengthen your request by considering in detail how the arrangement you are seeking will help you, your class or department and your students to flourish. The statutory scheme does not require that you set out the impact on your work in your flexible working request, but we recommend that you do this as it will encourage your employer to consider all aspects of your request.
You should set out the positive benefits to the school and address concerns that your employer may have. You could discuss your proposal with your rep and your line manager and seek support for your application.
Making a statutory request
To qualify for the statutory right to make a request under the flexible working regulations you must:
- have a contract of employment (agency workers are excluded) with your current employer
- have made fewer than two statutory requests for flexible working within the last 12 months.
A statutory request must be made in writing to your employer.
The NEU has produced a template letter for lodging a statutory request. To qualify as a statutory request, the application must be dated and include the following information:
The NEU has produced a template letter for lodging a statutory request. To qualify as a statutory request, the application must be dated and include the following information:
- a statement that you are exercising your statutory right to request flexible working
- details of the change you are applying for
- the specific date you wish the change to take place
Your employer must handle your request reasonably. This should include carefully assessing the effect of the requested change for both the employer and you, such as the potential benefits or other impacts of accepting or rejecting it.
Employers must agree to a flexible working request unless there is a genuine business reason not to. For details, see below - What happens if my request is refused?
All statutory requests, including any appeals, must be considered and the decision confirmed in writing without unreasonable delay or at the most within two months from the date the employer receives the application, unless you and your employer agree to extend this time limit.
Your employer must not reject your request without first consulting you. There is no need to hold a meeting if your employer intends to approve your request in full, but, in most cases, your employer will arrange a meeting to discuss your request with you.
The ACAS code says that if your employer does arrange a meeting, you should be allowed to be accompanied by a work colleague who may or may not be a union rep. ACAS advice is that your employer should inform you before the meeting that you may request a companion. If you make a reasonable request to be accompanied at any meeting to discuss your flexible working request, your employer should allow you to be accompanied.
