Flexible Working Hours and the Law

Section 47 of the Employment Act 2002 amended the Employment Rights Act 1996 in relation to applications to work flexibly. An application to work flexibly can be increasing or decreasing the amount of hours you work or the weeks you work or where you work.

Qualifying conditions

In order to be entitled to make an application the member of staff has to have a child under 6 or, if the child is disabled, under 18. The child is legally defined as disabled for the purposes of this legislation if they are in receipt of Disability Living Allowance.

Making an application

The act specifies how an application must be made. The application must state:

That it is an application to work flexibly under section 80F of the Employment Rights Act 1996;
specify the change applied for and the date on which it is proposed the change should become effective;
explain what effect, if any, the employee thinks making the change applied for would have on his employer and how, in his opinion, any such effect might be dealt with, and
explain how the employee meets, in respect of the child concerned, the conditions (see qualifyiong conditions above).

Applications must be made at least 14 days before the child’s sixth or eighteenth birthday, if disabled.

You are only permitted to make one application every year.

Employers responsibilities

Employers must arrange a meeting to discuss the application within 28 days of receiving the application. They then have 14 days from the meeting to notify the decision. The application can only be refused if one or more of the following apply:

· 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, and
such other grounds as the Secretary of State may specify by regulations.
Unsuccessful applications
Remember the law only gives employees the right to ask for flexible working, not the right to receive it. If, however, an unsuccessfukl application is made you have the right to appeal against it. Appeals have to be made within 14 days of receiving a negative decision, setting out the grounds for appeal. Once this is received employers have 14 days to organise a meeting. Once the meeting is held to discuss the appeal employers have 14 days to issue a decision. Decisions on appeals that are unsuccessful have to include the employers reasons and a sufficient explanation as to why the appeal was unsuccessful.

Unsuccessful applications are challengable at Employment Tribunals.

Thank You from Tony Reay

13th November 2008
To Everyone at City JCP & Hackney BDC
PCS DWP East London Branch



Dear all,

Thank you

I am writing to thank you all for the generous collections, cards and gifts that were made to mark my departure from City JCP and PCS DWP East London Branch. After working in East London since January 1989, seeing countless changes in the organization we all work in, it is easy to forget just how many people have come and gone, changed offices or jobs and have come into contact with me during that time.

I am extremely grateful to all the people who have supported and helped me during my time in East London, especially those whose resilience is sustained by their sense of humour. I will miss the familiarity and welcome I received in all offices in the branch, though I will not miss the daily grind on the DLR to actually get there!

I am confident the next 17 years in South London (starting on NJI at Deptford) will be as challenging and enjoyable as the last 19 in East London and would urge everyone to get involved in and support the PCS Union both now and in the future.

See you soon


Yours fraternally,


Tony Reay

Ears and Eyes Campaign - 2008

Dear PCS members,

We want all PCS members in London to participate in our 'Eyes and Ears campaign' for European Health and Safety week. If you have not had eyesight and hearing tests recently, we are encouraging you to undergo these tests now.

Free Eye and Eyesight Test

Please see the link below if you havent already booked a free eye test.
http://intralink/1/corp/sites/hr/lifeevents/health/eyecare/DWP_m263471.asp
You are entitled to a test at least every two years.The test is a full eye and eyesight test. Thus it may reveal issues with your eyes that you were not aware of. The link above provides details of the policy and another link where you can start the process of getting an eye test.
Eyecare policy states 'Your line manager will allow you reasonable time off to attend a Network Optician. If you have additional travel
expenses whilst attending a Network Optician, you should claim these locally, following the DWP Expenses Guide'.

Hearing Check
For a hearing test ring the number below. Remember to test both ears!
The RNID and the TUC have jointly introduced a free hearing check that can be done over the telephone and takes about five minutes. It is a local rate number. The call needs to be made from a quiet location (so no calls from the front line please) and not from a mobile.
Please see the link below for details. It also contains a question and answer section.

<http://www.breakingthesoundbarrier.org.uk/home/>

About the campaign
Around 4 million of us in the UK are losing our hearing and not doing anything about it.
Could you be one of these 4 million? Do you know someone else who might be?
If you are concerned that you, or someone you know, might be losing their hearing, why not take our sound check and find out for certain?
Call 0845 600 5555
The whole check will take you less than five minutes. That's less than five minutes to change your life. Even better, you can take the test in the comfort of your own home.
Here for you
This site will give you all the information you need about the sound check , and about the solutions that are available if you find out you are hard of hearing. You can read other people's stories , find out more about different types of hearing loss and learn what you can do about any hearing loss you may have .

Letter from Tony Reay

Dear all,

I have today been informed that my last day in City JCP will be 22/10/08 as I start adviser training on 23/10/08. Then after a week's annual leave I will start at Deptford JCP on Monday 03/11/08. From this date, I will be undertaking adviser training and then work for three days a week and Regional PCS work for two days a week, so will be managing my diary carefully!

Can I please request that anyone who has be on their distribution lists, remove my work email and use my home email at Tony.Reay@hotmail.co.uk in order to avoid my work mail box filling up. I will be spending Wednesday clearing what I can for East London Branch, handing over some cases/work, but will probably have to retain some others.

I would have appreciated a bit more time to compose a suitable leaving message, but it's probably a blessing in disguise that I have not! It would be unfair of me to single any rep I have worked with during nearly 20 years in East London for particular praise, as everyone I have worked with deserves credit for their contribution to the trade union movement and making PCS DWP East London Branch the envy of the rest of the union!

In solidarity
Tony Reay
PCS Union

Latest responses :

HI MARJ, HOPE YOU ARE O.K. - AM SORRY TO SEE TONY MOVE. HOWEVER AM SURE HE WILL BE A SUCCESS OVER IN DEPTFORD.
B.RGDS
ALAN


Dear PCSU Member,

Many of you will know our Vice Chair Tony Reay who is based at City JCP. Tony is leaving City office and the East London Branch on 23 October after 19 years to take up at post at Deptford JCP.
I am sure that members will join me in thanking him for the hard work and sheer dedication that he has given to our branch during this time, particularly in the field of campaign and personal case work.
His catch phrase " got a job, got an office" is legendary. How we will miss that dry wit !!!!
On behalf of the branch we wish Tony Good luck and Best wishes for the future.

Sue Catten
PCSU EAST LONDON BRANCH CHAIR
Stratford BDC

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