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Employment Law Update: Flexible Working rights to apply to parents of school-age children

In a surprise announcement, the Government has said it will press ahead with proposals to extend the right to request flexible working arrangements to parents of school-aged children.

The right to request flexible working arrangements currently applies to 6.25 million employees who are carers of children aged under 6 (or under 18 if the child is disabled) or adults aged over 18.  If implemented, the new right will give the entitlement to a further 4.5 million employees.

How the right will work in practice

The right to request flexible working arrangements is just that – a right to make a request and to have it seriously considered by the employer.

"Flexible working" may include working from home, job-sharing, or working compressed or different hours.  However, the change, once made, will be permanent – the employee can only make a further request after a year.

On its part, the employer must follow a strict procedure when dealing with the request, including meeting with the employee to discuss it, giving written reasons for any refusal, and giving the employee the right of appeal.

Employers may refuse a request after considering it, but only for one of a list of specific reasons.

What the change will mean for employers

  • The change will give many more employees the right to request flexible working arrangements.
  • Employers must ensure all managers know what to do when a request for flexible working arrangements is received.
  • Making sure the correct procedure is followed will be the most difficult part.  If the business genuinely cannot accommodate an employee's request, that is not a problem in itself, but dealing with it the wrong way is!
  • Always call the Telephone Advice Service for advice as soon as you receive any request.

Please read legal information.


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