Flexible Working

The Flexible Working (Procedural Requirements) Regulations 2002 came into force on 6th April 2003 giving certain employees the right to ask to work flexibly.   Employees can request to change the hours they work, the times they are required to work or to work from home during some or all of the week.     To be eligible an employee must :

• have six months service
• have a child under the age of 6 (or under 18 if the child is disabled)
•  be the parent, adopter, guardian or foster parent of the child or married to such a person
• make the application to enable them to care for the child

Where the employee seeks such a variation the employer must :

• meet with the employee to discuss the application within twenty eight days of receipt of the request
• notify the employee in writing of his decision within fourteen days after the meeting
• give the employee a right of appeal in writing within fourteen days if the request is rejected   
• give the employee a right to be accompanied by a companion from the work place at the meeting to discuss the application and on any subsequent appeal

If an appeal is made a further meeting must be held within another fourteen days and a decision made within fourteen days after that.

The grounds on which an employer can refuse a request include :-

• the burden of additional costs
• detrimental effect on ability to meet customer demands
• inability to re-organize work amongst existing staff
• inability to recruit additional staff
• detrimental impact on quality or performance

The maximum amount of compensation where a complaint  is made that the employer has failed to consider the request or has rejected it on incorrect facts is eight weeks pay (subject to a maximum of £290.00 per week).    

Please contact us for further information.