There will be a new statutory right for employees with at least 26 weeks’ service who have parental responsibility for a child up to six years (18 if disabled) to request flexible working (e.g. changes to working hours, time or place of work etc) and for the employer to have to consider it.
This is only a right to request flexible working, not to be given it, but a strict timetable will apply for a meeting to discuss it, a reply to be made and a right of appeal. Acceptable ‘business reasons’ have been set out for the request to be rejected, namely . . .
- additional burden of costs
- detrimental effect on employer’s ability to meet customer demands
- inability to organise work in employee’s absence
- detrimental effect on quality or performance
- planned structural changes
- insufficient work during periods employee proposes to work
Clearly, such requests must be treated seriously and the reason for rejection must stack up, as a right to complain to an Employment Tribunal will arise if the statutory procedure has not been followed or the request is rejected on ‘incorrect facts.’
These proposals will come into effect in April 2003 at the same time as new maternity and paternity rights. Future articles will update progress on this Bill and other important changes or provide advice on key employment issues. PLASA Members can get advice on this issue from Clive Payne of CP Associates, a specialist adviser to PLASA on human resources issues.
