Flexible working rights for parents
of children under six or disabled children
The government is introducing the new flexible working arrangements
on 6 April 2003. The flexible working provisions
are going to have an impact on how businesses are run because an
employer can no longer rely on an employee who was employed to work
say, 9-5, actually working 9-5.
What is this right? The new rights allow an employee
to request an alteration in their terms and conditions of employment
which can include their hours, times when required to work, whether
to work at home or at the normal place of business. The purpose
behind the new right is to allow parents to care for their children.
The proviso is that the request for flexible working must be made
before the child is 6.
Can the request be refused? The short answer is
yes, but caution is required because the employer has to be prepared
for a challenge in an employment tribunal if it fails to comply
or fails to gives adequate reasons for refusing a request. An employer
will only be able to refuse a request in certain circumstances.
What are the costs for non-compliance? Compensation
can be awarded of up to 8 weeks’ pay. The maximum amount of
a week's pay has been from 1 February 2003 £260, effectively
capping the award at £2,080. However, employers should also
consider the costs associated with attending a tribunal hearing.
What is the impact for employers? It remains to
be seen how employment tribunals will interpret this legislation.
It is fairly safe to assume that what is reasonable will depend
upon the employee’s role and the size of the employer. There
is no exemption for smaller employers but one hopes that the tribunals
take a practical approach and be mindful that a smaller employer
frequently has fewer resources to facilitate flexible working than
a larger organisation.
We have produced a "Flexible Working Policy"
document, together with "Flexible Working - Guidance
Notes for Managers". The policy document provides
guidance to employees on their rights and obligations under the
new legislation whilst the Guidance Notes provide information on
the procedures managers should follow together with Template Letters
to be used at each stage of the process. Both documents, which will
be tailored to suit your own business needs, are available for £250
plus VAT.
If you would like to discuss the above further please do not hesitate
to contact us.
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