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Keeping your finger on the pulse…

Flexible Working Update

As the rules around the right to request flexible working are changing, we give guidance on what this means for your business:

Right to request flexible working is extended:
Good news for parents but not necessarily for employers?    In April 2009 the government will be extending the right to request flexible working to parents of children up to the age of 16. At the moment the right to request flexible working is on applicable to parents of children under 6 years old or disabled children under 18.

Future Developments:
The government is also thinking about implementing a further amendment outlining that employers will not need to give a written agreement to a request for flexible working unless the employee asks for it. Employers will still need give a written response if the request is to be rejected. This consultation was raised in an attempt to help employers reduce their administrative obligations. The decision on this consultation has not yet been made.

What these new rules mean for your business:

The following current procedure will not change:
 
  • The employee submits a flexible work request
  • The employer must arrange a meeting to take place within 28 days (the employee has the right to be accompanied).
  • Within 14 days of the meeting the employer must respond in writing with a decision.
  • If the decision is to reject the request the employee has a right of appeal, which must be within 14 days of the date the decision was made.
 

      The employer can refuse the application for the following reasons:

o         Additional costs would be too much for the business

o         Employee's reduced ability to meet customer demands

o         Inability to reorganise work among existing staff

o         Negative impact on quality or performance

o         Not enough work available at the times when the employee wants to work

o         Planned structural changes

Businesses will need to review their flexible working policies to be in line with the new legislation amendments. You will not be obliged to inform eligible employees of their right to request flexible working but the government may launch an awareness campaign.

 

 

 

 

 

 

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