Flexible working
Frequently the carer of a child will ask their employer if they can work flexible hours to fit in with child care arrangements. Is there a legal right to work flexible hours?
Strictly speaking the answer is no, however from April 2003 carers of children were entitled to request flexible working from their employers. To make such request an employee would need to apply in writing to his or her employer seeking a change in hours or times or location of work to enable that person to care for a child. The employer would need to hold a meeting with the employee to discuss the request within 28 days from the making of the application and provide its decision in writing within 14 days thereafter. A right of appeal also exists.
Grounds upon which an application could be rejected include the burden of additional costs, the detrimental effect on the ability to meet customer demand, an inability to reorganise work among existing staff, an inability to recruit additional staff, a detrimental impact on quality or performance, an insufficiency of work during periods when the employee proposes to work or plan structural changes.
If a request is rejected, the employee may seek redress in the Employment Tribunal where the Tribunal may order the employer to reconsider the application and award compensation of up to 8 weeks pay. However, the Tribunal does not have power to order the employer to implement the request for flexible working.
The above information is not intended to be a complete or definitive statement of the law. For more information or advice please contact our Employment Law team.
