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 you would need to apply in writing to your employer seeking a change in hours or times or location of work to enable you to care for a child. Your employer would need to hold a meeting with you to discuss the request within 28 days from the making of your application and provide its decision in writing to you 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 you propose to work or planned structural changes.
If your request is rejected, you may seek redress in the Employment Tribunal where the Tribunal may order your employer to reconsider the application and award compensation of up to 8 weeks pay. However, the Tribunal does not have power to order your employer to implement your 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.
