Flexible Working for Parents

Parents of children aged under 6 or disabled children aged under 18 have had the right to apply to work flexibly to enable them to care for their child. Employers now have a statutory duty to consider requests of employees seriously but it does not provide an automatic right to work flexibly.

Who can apply?

The right only applies to employees who:-

• have worked continuously for 26 weeks at the date when the request is made
• have or expect to have responsibility for the child's upbringing
• are or are married to or are the partner of the mother, father, adopter, guardian or foster parent of the child
• have not made another request to work flexibly under the right during the past 12 months
• are making the application in respect of a child who is under six, or if the child is disabled, under 18.

Procedure to be followed

• a request needs to made in writing by the employee.
• within 28 days after the request has been received, the employer will arrange to meet with the employee to consider the proposal.
• the employee can be accompanied by a companion (fellow worker employed by the same employer) to the meeting.
• within 14 days after the date of the meeting the employer must write to the employee to either agree a new work pattern and the start date or to provide clear business grounds as to why the application cannot be accepted
• the employee will have a right to appeal in writing to the employer's decision within 14 days of it being notified to them
• within 14 days of the notice of appeal, a meeting should be held to discuss the appeal
• within 14 days from the appeal meeting, the decision must be notified to the employee in writing

Time limits can be extended in writing by agreement.

If an employer agrees to the application to work flexibly within 28 days from the initial request, there is no need to hold a meeting as long as the employee is informed of the agreement to the change and when it is to start in writing.

What is flexible working?

• a change to hours of work
• working from home
• changing times when employees are required to work
  

Examples include term time working, job sharing, shift swapping and time off in lieu.

Penalties include:-

• up to 8 weeks pay subject to a maximum weekly amount if applications are not considered properly. This weekly maximum is currently £330 but is increased annually.
  
  
• 2 weeks pay subject to the above maximum could also be ordered by a Tribunal if the right to be accompanied is not allowed.
  
  
• Unfair dismissal award (if appropriate)

Warning!

Employers should not ignore requests even if the employee does not have the eligibility requirements to apply for flexible working, as employees may still have rights under the Sex Discrimination Act.

The information in this article, does not, and is not intended to, amount to legal advice on a specific case or matter. You are strongly advised to obtain specific, personal advice from us if any case or matter arises relating to any of the topics covered and not to rely on the information or comments.

For more information please contact lead Partner, Carol Shaw.

Carol Shaw
Partner

John Spratt
Partner

Hitendra Patel
Partner

Billy Ashley
Solicitor