If you look after a child under 6 (or up to 18 in the case of disabled children), you are able to ask the school to consider changing your working arrangements to enable you to take care of the child. This right is not necessarily just for one of the parents. It could be a grandparent, who looks after a child. Employers must give serious consideration to any request for a change in hours of work, times of work, whether they can work at home, or any other aspect of the conditions of service. If granted this will be a change of contract and permanent.

There is now a similar right for an employee who wishes to care for a sick, elderly or disabled adult, who is a spouse, or partner, a near relative (e.g. parents, grandparents or sibling) or someone who is living at the same address as the employee. There is no minimum level of care required to qualify. It can include personal care, or help with mobility.

Process

You must apply to the Head in writing, detailing the work pattern that you wish to adopt, and explaining the effect that the changes might have. You must also state whether a previous application has been made and when.

The Head may have the delegated power to deal with the request, or might have to refer it to the governing body. The school has 28 days in which to arrange to meet you to discuss the request. The meeting should explore the relevant issues, and any alternatives.

If the application is rejected it can only be for a permitted reason with an explanation. The permitted reasons are:

• the burden of additional costs;
• detrimental effect on ability to meet customer demands;
• inability to re-organise work among existing staff or recruit additional staff;
• detrimental impact on quality or performance;
• insufficiency of work during the periods the employee proposes to work; and
• planned structural changes.

You have a right of appeal within 14 days.

In 2008 the Government commissioned the Walsh Report on extending the right to request flexible working to parents of older children. The Report recommended that the right be extended from parents of children under 6 to parents of children aged 16 or under.

Employment Act 2002. Employment Relations Act 1999 for parental leave rights and dependants' rights. Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002. Flexible Working (Procedural Requirements) Regulations 2002. DBERR booklet: Flexible working: The right to request and the duty to consider (now only available in internet copy form at www.berr.gov.uk/whatwedo/employment/employmentlegislation/employment-guidance/page35663.html

For advice from ACAS tel: 08457 474747, or refer to their website at www.acas.org.uk

Quick Guides LA6 Family Friendly Rights: Maternity, Paternity, Adoption. Quick Guides LA4 Dependants' and Carers' Leave: Points of Law.