The Right To Request Flexible Working - May 08
Following an independent review of the right to request flexible working, it has been recommended that the right be extended to employees with parental responsibility for children up to the age of 16. It is also recommended that the extension be implemented in one go, as opposed to being phased in, in stages. The Government has accepted the proposals and will now consult as to how to implement them.
Currently any employee can make a request for flexible working from their employer, but some employees have a statutory right to make such a request. It is important to note that the statutory right is simply to make a request, and that the basis for the request must be to look after a child or adult. The employer is not obliged to agree to the request, but can only validly turn down the request on certain business grounds.
Any employee who meets the following criteria, currently has the right to apply for flexible working:
1. they have a child under 6 or a disabled child under 18, for whose care they are responsible; or
2. they care for an adult who is their spouse, partner or civil partner, a close relative, or someone who lives at the same address; and
3. in either case, they have been employed by the employer for 26 continuous weeks.
The current arrangements leave a gap for those who have able-bodied children aged 6 or over, and the new proposals intend to address that gap. Business leaders, and especially those representing small businesses, are concerned that employers will be deluged with requests for part-time hours from working parents who wish to amend their working hours to suit their family commitments. It may be difficult for small businesses to cope with the number of requests and the procedural requirements that go with them. Furthermore, it will probably not be possible to grant all requests. Employees will realise that if they get their requests in early, they are more likely to be granted.
Employees should be made aware that if a request for flexible working is granted, it takes effect as a permanent contractual change, and they do not have any right to revert to full-time working in the future. This may help to limit the number of requests.
Interestingly, if the Government introduces legislation to give effect to these proposals, those with children 16 and under, disabled children under 18 and those caring for over 18s in need of care, will all be covered. However, those with able-bodied children aged 17 remain without any such statutory right.
For more information on this subject, please contact Matthew Clayton on 01242 246497 or matthew.clayton@rickerbys.com.
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