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Specifics of international private law.
Premier Advocates > Free Downloads Centre

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Premier Advocates provide a series of free templates and letters to help with different procedures, including grievance and disciplinary processes. We have provided these for those not familiar with what is needed and if you need more help please do not hesitate to contact us for some free telephone advice.

Flexible Working request
Flexible working is a way of working that suits your needs as an employee, this could be; having flexible start and finish times, or working from home and so on.
All employees now have the legal right to request flexible working – not just parents and carers.
You must have worked for the same employer for at least 26 weeks to be eligible.
What employers must do
Employers must deal with requests in a ‘reasonable manner’.
This includes:
• assessing the advantages and disadvantages of the application
• holding a meeting to discuss the request with the employee
• offering an appeal process
Should your employer not handle a request in a reasonable manner, you can take them to an employment tribunal. An employer, however, can refuse an application if they have a good business reason for doing so.
 
Types of flexible working
 
There are different ways of working flexibly.
Job sharing
This is where two people do one job and split the hours between them.
Working from home
 
It might be possible to do some or all of the work from home or anywhere else other than the normal place of work.
Part time
Working less than full-time hours (usually by working fewer days).
 
Compressed hours
Working full-time hours but over fewer days.
 
Flexitime
This is where you choose when to start and finish work (within agreed limits) but works certain ‘core hours’, eg 10am to 4pm every day.
Annualised hours
This is where you have to work a certain number of hours over the year but you have some flexibility about when you work the hours. There are sometimes ‘core hours’ which you regularly work each week, and you work the rest of your hours flexibly or when there’s extra demand at work.
Staggered hours
This is where you have different start, finish and break times from other workers.
Phased retirement
Default retirement age has been phased out and older workers can choose when they want to retire. This means you can reduce their hours and work part time.
Applying for flexible working
You can apply for flexible working if you’ve worked continuously for the same employer for the last 26 weeks. It’s known as ‘making a statutory application.’
The basic steps are:
1. The employee writes to the employer.
2. The employer considers the request and makes a decision within 3 months – or longer if agreed with the employee.
3. If the employer agrees to the request, they must change the terms and conditions in the employee’s contract.
4. If the employer disagrees, they must write to the employee giving the business reasons for the refusal. The employee may be able to complain to an employment tribunal.
Employees can only make one application for flexible working a year.
Writing to the employer
An employee should email or write a letter to their employer.
Employers may ask employees to use a standard form or you can use our sample form.
What the email or letter must include:
• the date
• a statement that this is a statutory request
• details of how the employee wants to work flexibly and when they want to start
• an explanation of how they think flexible working might affect the business and how this could be dealt with, eg if they’re not at work on certain days
• a statement saying if and when they’ve made a previous application
Withdrawing an application
Employees should tell their employer in writing if they want to withdraw their application.
The employer can treat an application as withdrawn if the employee misses 2 meetings to discuss an application or appeal without good reason, eg sickness.
The employer must tell the employee they are treating the request as withdrawn.
After the application
Employers must consider flexible working requests in a ‘reasonable manner’ as stated above and should usually make a decision within 3 months of the request (or longer if agreed with the employee).
Agreeing the application
The employer should write to the employee with:
• a statement of the agreed changes
• a start date for flexible working
There will be a change in the employees contract to include the new terms and conditions.
Rejecting an application
The employer must tell the employee that they’ve rejected the application.
Reasons for rejecting
Employers can reject an application for any of the following reasons:
• extra costs that will damage the business
• the work can’t be reorganised among other staff
• people can’t be recruited to do the work
• flexible working will affect quality and performance
• the business won’t be able to meet customer demand
• there’s a lack of work to do during the proposed working times
• the business is planning changes to the workforce
Appeals
Employees no longer have a statutory right to an appeal.
But offering an appeals process helps to demonstrate that the employer is handling requests in a ‘reasonable manner’.
How to appeal
The employee must follow the company’s procedures for appealing.
Going to an employment tribunal
Employees can complain to an employment tribunal if the employer:
• didn’t handle the request in a ‘reasonable manner’
• wrongly treated the employee’s application as withdrawn
• dismissed or treated an employee poorly because of their flexible working request, eg refused a promotion or pay rise
• rejected an application based on incorrect facts
Employees can’t complain to a tribunal just because their flexible working request was rejected.
An employee should complain to the tribunal within 3 months of:
• hearing their employer’s decision
• hearing their request was treated as withdrawn
• the date the employer should have responded to their request (but failed to do so)
If an employer or employee is unsure of their rights, we can provide you with some advice.
How to write a grievance?
If you have some concerns at work and you are an employee, you may want to raise a formal grievance to try and resolve the situation amicably for all concerned. If you have tried to deal with it informally and this has not been successful the next step is to write to your employer to raise it formally.
The letter should set out the nature of the grievance, ACAS code of practice section 31, but it should not contain all the details and facts of the grievance. This you will need to provide and set out in person or your statement of case at the meeting, ACAS code of practice section 33.
It is important to prepare and set out all the details, facts, evidence at the meeting including how you want the grievance resolved.
The grievance template below is used as guidance and you can always call us for free to get some tips and ideas.
How to write a statement of case for the grievance meeting?
What is a statement of case
A statement of case contains the detail of your grievance. This is what you will use at the grievance meeting to help you and present to your employer to help them investigate the grievance.
What should be in your statement of case?

Basic rules
• Keep it to the point but include enough information to enable your employer to investigate your complaint properly
• You will need to detail all the facts of what has been happening
• Do not use offensive or inappropriate language, as this may have a negative affect or annoy the person meeting you and investigation your grievance
• You will need to explain the effect the behaviour or actions is having on you, whether at home or at work
• Set out at the end what you would like to happen in order to resolve your grievance

What details should be in your grievance statement of case?
• Clearly set out the key facts of your complaint, as in what happened and try to include the following details:
i the dates and times of the incidents
ii where they took place
iii names of the people involved or witnesses and what happened
• If it is about pay you will need to detail what you think your employer owes you, the amount and why you think they owe the money
• If you grievance is about holidays, unpaid and unreasonably denied, you will need to provide the dates and details
• If your grievance is about  bullying, harassment or unfair treatment and involves a series of events, try to set them out in a logical order
• If you can’t remember the exact dates, try to identify key periods, e.g. meetings, promotions, birthdays, holidays, Christmas period and so on, these key events may help you and the investigator
• Set out any evidence you may have, your diary, emails, letters, policies and procedures, Company handbook, texts messages, phone records
• You will need to detail the affect this has had on you; stress, time off work, caused problems at home and at work, medication, counselling
• Detail of what you would like to resolve the grievance: the treatment to stop, being moved, treated fairly, the right pay and so on
• Don’t use threatening language, such as tribunals or settlement agreements, as this could damage the relationship and the idea of the grievance is to try and resolve the problem
• It is important to keep it factual and be honest and truthful in any grievance
See the template (Link) this can be used as guidance and if you need some further help please call us for free to get some tips and ideas.
How to write a grievance appeal letter?

In line with ACAS code of practice section 39, you have the right to appeal against the outcome of the grievance, if you remain aggrieved and your complaint has not been resolved.

The appeal letter will need to notify your employer that you are appealing the grievance outcome and set out the grounds see template below. You will not have to write a comprehensive list of grounds, as this will be done in your statement of case and in person, when you attend the appeal meeting.

It will be important to examine and identify all the failings or mistakes from the grievance investigation and process, looking at the evidence collected compared to your own evidence and the details of the grievance raised by you in the first instant.

Any errors, mistakes or omissions will be part of the basis and evidence for your appeal.

The appeal statement of case is based on the grievance statement of case but is changed to add and reflect the mistakes and errors from the grievance outcome.

What details should be in your grievance appeal statement of case?

  • Clearly set out what has been missed, ignored or is incorrect in regards to the grievance investigation undertaken by your employer
  • Review your Company’s policies and procedures as this may support your appeal, looking at the details and times scales.
  • Look to identify any comparators and how they have been treated in comparison to you

See the template this can be used as guidance and if you need some further help please call us for free to get some tips and ideas.

Subject data request
Can I request my personal information from my Company?
You have the legal right to get a copy of all the information that is held about you by your Company. This is called a subject access request.
This means that you can make a simple request under the Data Protection Act to any organisation processing your personal information.
You can ask your employer or organisation you believe is using or sharing the personal information you want, to supply you with copies of both paper and computer records and related information.
You Company will be able to charge a fee of up to £10. There are however, special rules for health and educational records.
It is important to remember that not all personal information is covered and there are ‘exemptions’ within the Act, which may allow an organisation to refuse to comply with your subject access request in certain circumstances.
How can you make a request?
Anyone can make a request and you will need to follow these steps:
1 Start to plan
• Identify the person you need to contact
• Check about any fees in advance
• Make sure you know what information you need
2 Write to the Company
• Make sure the Company can identify you, especially large organisations
• Identify the information you want from them:
          i Your personal file
ii Emails between ‘A’ and ‘B’ between date ‘1st Sept’ and ‘1st Dec’
iii CCTV footage from camera situated at X from date to date
iv notes from meeting from HR from date to date
• See template letter below
3 Keep copies
• Send the letter recorded delivery and keep a copy of the receipt
• Keep a copy of the letter
4 What should the Company do?
The Company/organisation should reply to you within 40 days from receipt of the letter and fee, with the information they need to provide and you need.
Should the Company need further information from you to help identify the correct information they need to provide, they can wait until you have responded to them before dealing with your request.
The organisation should give you the information in writing, but they need not do this if it is not possible, if it takes ‘disproportionate effort’ or if you agree to some other form, such as seeing it on screen.
The following should be taken into account:
• the cost of giving you the information;
• the length of time it will take;
• how difficult it will be;
• the size of the organisation; and
• The effect on you of not having the information in permanent form.
5 What should be sent to you
The Company should inform you what, if any personal information is held about you and it should provide:
• a copy of the information in permanent form
• an explanation of any technical or complicated terms
• any information the organisation has about where they got your information from
• a description of the information, the purposes for processing the information and who the organisation is sharing the information with
• the logic involved in any automated decisions (if you have specifically asked for this).
6 Is the Company entitled to withhold information?
Yes. There are certain circumstances where the information you have asked for contains information that relates to another person. Unless the other person gives their permission, or it is reasonable in all the circumstances to provide the information without permission, the Company is entitled to withhold this information.
7 What can I do if the Company does not reply
The Company has 40 calendar days in which to respond to the request and if they do not reply, we would recommend writing further to the Company to remind them of their obligations under the Data Protection Act, recorded delivery. See template below.
If the Company does not respond within the 14 days or time scale in your follow up letter, you will then need to contact the Information Commissioner’s Office to make a complain about the Company.
Help line 0303 123 1113
8 What can you do if you think the Company is not sending you all the information you are entitled to?
If you feel that the Company has withheld some of your personal information, we would recomend you then write to them with your concerns. You will have to be able to identify the information you think they are withholding from you. See template below.
If you have contacted the Company and you still believe some of your personal information has been withheld, please call the Information Commissioner’s Office on their helpline on 0303 123 1113.