Flexible working is a very important issue for many employees trying to balance their work and life commitments. Any person with parental responsibility for a child 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 not be an agency worker, must have at least 26 weeks' continuous employment with their employer, must be responsible for the care of a child under six (or under 18 if entitled to Disability Living Allowance) and must be the parent, foster parent, guardian or adopter of the child or the husband/wife of such a person.
An employee can request flexible working time arrangements to work from home rather than from the employer's business premises or to work outside the employer's core working hours. The employer is not obliged to agree to the request, but must give serious consideration to it. There are nine specific grounds on which an employer can refuse the request, including 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 by a qualifying employee if they consider the employment has unjustifiably refused a request for flexible working. An Employment Tribunal can order the employer to reconisder the application and can order compensation up to a maximum of eight weeks' pay (capped at £450 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.
Employees 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 their original terms and conditions once the child has attained 18.
If you require more advice or assitance on your particular situation, please contact us on 01474 833606.
