Flexible Working
Flexible working is a very important issue for many employees trying to balance their work and life commitments. Prior to 2003 there was no right for an employee to seek flexibility in their working hours or location from their employers. Over the intervening years that has changed and, from April 6th 2009 , any person with parental responsibility for a child (or children) under 17 (18 if the child is receiving Disability Living Allowance) may apply. Since April 2007 the right to request flexible working has been extended to employees with (i) responsibility for caring for their spouses/partners (ii) certain categories of adult relatives and (iii) adults living at the same address as the employee.
Only those employees who "qualify" can apply. That means that to be able to request flexible working the employee must;
1. not be an agency worker
2. have at least 26 weeks continuous employment experience with that employer
3. have responsibility for the care of a child under 6 (or under 18 if entitled to receive Disability Living Allowance)
4. be the parent, foster parent, guardian or adopter of the child or the husband/wife of such a person
An employee can request;
1. flexible working time arrangements2. to work from home rather than the employer's business premises
It should be noted that the employer is not obliged to consent to the request. The right to request flexible working is the right to ask an employer to seriously consider the request. There are nine specific grounds on which an employer can refuse the request, such as additional cost to the business, adverse impact on meeting customer service, inability to reorganise work amongst other staff etc. The employer can only refuse the request on one of these grounds.
An application can be made to an Employment Tribunal (ET) by a qualifying employee if he/she considers the employer is in breach. An ET can order that the employer reconsider the application and can order compensation up to a maximum of eight week's pay (capped at £350 per week). Depending on the precise circumstances of each case, claims might arise under the Discrimination legislation, where there is no cap on the amount of compensation awardable.
An employee should note that only one application per year can be made and there is also no provision in the regulations for the employee to return to his/her pre-flexible working request terms and conditions once the child has attained 18.
Parents: for more information, go to the DirectGov website -
http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10029491
Employers - go to the Business Link website -
If you require more advice or assistance on your particular situation, please contact us on 0207 464 8433