News - Legislation |
Family friendly rights 6 April 2003
6 April 2003: introduction of new family friendly rights increasing maternity
leave and pay and introducing adoption leave and pay, paid paternity leave
and flexible working requests.
Flexible Working
Employees have a right to request a flexible working pattern and their employers are under a duty to consider that request.
To qualify an individual must:
• be an employee with 26 weeks' continuous employment; and
• be responsible for a child under six years of age, or 18 if the child is disabled, as its parent; and
• make the application at least two weeks before the child's sixth or 18th birthday.
The application must be made to enable the employee to care for the child. It must be in writing and give certain information, including an explanation of what effect, if any the employee thinks the change would have on the employer and how any such effect could be dealt with.
There are strict procedures.
The employer should arrange a meeting with the employee to discuss the request within 28 days and should send the employee its decision within 14 days of the meeting. The employee has 14 days to appeal against the decision. Employees are entitled to be accompanied to the meeting or appeal.
Employers can reject an application where they have a clear business reason to do so. There are eight business grounds and examples include the burden of additional costs and detrimental effect on meeting customer demand. Then employer must provide a written explanation setting out why the ground applies in the circumstances. Employees whose applications are turned down are able to appeal, and in limited circumstances can take the matter to the employment tribunal or ACAS arbitration.
If the request is agreed, the new working pattern forms a permanent change to the employee's terms and conditions of employment. For this reason many employers may want to agree a temporary change.
It is only possible to make an application once every 12 months.
Agency workers and members of the armed forces cannot apply.
