Flexible Working: Time for a change?
The Flexible Working Regulations came into force on 6th April 2003. But will they really make a difference for parents of young families in this country?
The main provision of the new regulations is the right to make an application to work flexible time to aid you in caring for your child. A request can be made for flexitime, working from home, job share, term-time working, shift working, staggered hours, self-rostering, annualised hours, compressed hours and tele-working.
However, it is not simply a case of asking your employer to work as and when you please; there is a procedure to be followed, and the right only applies to certain types of employee. A parent, adopter, guardian or foster parent of the child may apply, if living with the child and responsible or expected to be responsible for raising the child. The child must be under six years of age, or if disabled, under eighteen years of age. 26 weeks continuous service on the date that the application is made to your employer is also required.
Next, you must make an application. This must be submitted in writing to your employer. It must set out your desired working pattern and explain how you think your employer would be able to accommodate your request. After you have given your employer your application, the down side is that they are only required to consider it, and follow a specific procedure to ensure that it is considered seriously. This means that you are in no way guaranteed to have your changes implemented.
Your employer must meet with you to discuss your application within 28 days, unless it is agreed to within that time. You are entitled to be accompanied at the meeting by a fellow worker. The decision of the meeting must be given to you in writing within 14 days of the meeting and, if you disagree with the decision, you may appeal in writing within 14 days of being given the
decision. Your employer may only refuse your request for a change in working hours if there are business reasons for this, for example, it is too costly, customer demand will not be met, or it will not be possible to organise work among other staff. The inability to recruit new staff and lack of work during times when employee proposes to work are also considered to be valid business reasons for refusing a change.
The appeal hearing must be held within 14 days of the notice of appeal being given by the employee and a decision on the appeal must be given within 14 days after the meeting is held. Assuming this internal appeal fails then a complaint can only be made to the Employment Tribunal if the employer has failed to follow the correct procedure or if the decision to reject the application is based on incorrect facts. These are very limited grounds for legal claims although it is possible that employment lawyers might take an imaginative view on what amounts to an "incorrect fact"!
Although the Flexible Working Regulations do not generally permit the right to complain to the Employment Tribunal, the refusal of a request for flexible working to women might be an act of indirect sex discrimination under the 1975 Sex Discrimination Act. There are a number of test cases where women have successfully made claims to the Employment Tribunal after the refusal of an employer to allow them to return on a part time basis after maternity leave. The refusal of such a request generally has to be objectively justified and this objective justification can be challenged at the Employment Tribunal under the Sex Discrimination Act.
For further information on this or any other employment law matter, contact Paul Archer or Helen Climance at Lemon and Co Solicitors, 34 Regent Circus, Swindon, Wilts, SN1 1PY, telephone number 01793 527 141.
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<p><strong><a href="http://www.lemon-co.co.uk/article_flexible-working.php">Flexible Working: Time for a change? </a></strong><br />
The Flexible Working Regulations came into force on 6th April 2003. But will they really make a difference for parents of young families in this country?...</p>