These regulations apply to parents, adopters, guardians or foster parents of children aged under six. As from 6th April 2007 they also apply to carers who care for adults.

To qualify an employee must have worked for the employer for a continuous period of 26 weeks at the date of making their application for flexible working.

An employee may apply in writing to an employer to change the terms and conditions of their employment relating to the hours worked, the times and place of work or some other term in their contract. The application has to be made for the purpose of caring for a child under the age of six (or 18 in the case of a disabled child).

There is a right to make such an application once in each 12-month period up to the child's sixth birthday (or 18th in the case of a disabled child).

An employer can only refuse an application under certain circumstances (e.g. burden of additional costs to the employer, detrimental impact on performance or ability to meet customer demand etc.).

An employer should hold a meeting with the employee within 28 days after the date the application is made in order to discuss the application. An employer should give a decision to the employee within 14 days of the meeting being held.

The employee has a right of appeal against any refusal of their application, the appeal must be made in writing within 14 days of receipt of the employer's decision.

Examples of flexible working include:

A change in working hours

A request to work from home

A request for staggered working hours

A request for flexi-time

A request for time off in lieu

Job sharing

A request for shift working / shift swapping

Term time working

Voluntary reduced working time

Self-rostering (an employee chooses their working hours)

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