Flexible working
Flexible Working - what does it mean for your business?
From 6 April 2003, parents of children under 6 years of age or disabled children under 18 years of age, have been able to request flexible working under the following circumstances:
- they have at least 26 weeks continuous service on the date the application is made
- they are the mother, father, adopter, guardian or foster-parent of the child, or are married to any of the above-mentioned
- they expect to have responsibility for the child's upbringing
The procedure
The request must be made in writing (this includes e-mail requests), be dated, and specify it is an application for flexible working and specify the requested changes. The employee must state any effect on the employer that the employee is aware of, along with ideas of how the changes can be dealt with. The application can only be made by an employee who needs to care for a child and they can make one request per year.
An employee can request changes to the hours they work, the times they work and to work from home. The employer must receive the request at least 14 days before the child's 6th birthday (or 18th birthday in the case of a disabled child). The employer cannot ignore or reject a request just because it has not been properly filled out. The employer must meet with the employee within 28 days of receiving the request. At the meeting the employee has the right to be accompanied and the 'companion' must be a fellow worker employed by the same employer.
The employer's response
Within 14 days of the meeting the employers must write to the employee to agree the new work pattern and the start date, or provide clear business grounds as to why they cannot accept the request.
Grounds for refusing
Grounds for refusing your employee's request must relate to one of the following:
- burden of additional costs
- detrimental effect on ability to meet customer demand
- inability to reorganise work amongst existing staff
- inability to recruit additional staff
- detrimental impact on quality or performance
- insufficiency of work during the period the employee proposes to work
- planned structural changes
The employee can appeal against the decision within 14 days of receiving it, with the aim of encouraging both employer and employee to reach a satisfactory outcome.
Penalties
If the employer fails to hold the requested meeting or does not notify the employee of his decision, then a Tribunal can impose a financial penalty of up to 8 weeks pay, though this will be capped at a maximum sum per week.
This new right operates independently of other employment law rights, and means that an employee whose request is rejected may still be justified in bringing a claim for indirect sex discrimination.
Employers unsure of the new rules should seek professional advice when presented with a situation involving these issues.
Please contact Richard Stephens to make an appointment or call 0208 370 2875.
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Email Richard Stephens or call 020 8370 2875