LAWLINCS : Work law - Flexible working

Since April 2003, employers have been required to follow a specified procedure for the purposes
of considering any application by any employee (who has been employed by them for at least 26
weeks) for a change in his or her working hours or place of work, provided that the request is for
the purposes of enabling the employee to care for a child who is under 6 years of age (or under
18 years of age if the child is disabled).

This was extended in April 2007 to include employees who are carers of certain adults.This was extended on 6th April 2009 to parents with children aged 16 and under.

Such an application can be made by a parent (including a foster parent) or guardian of the child, or by their spouse or partner.

It can also be made by somebody caring for a spouse, partner, civil partner or relative living at the
same address as the adult in need of care.

Selina Gill

Employees need to . . .

Employees need to ensure that any such application is made no later than 2 weeks before the
relevant child’s sixth or eighteenth birthday (as the case may be), and further that any complaint
to the Employment Tribunal is made within 3 months of their request being refused or incorrectly
dealt with.

Employers need to . . .

Employers need to follow the correct procedure, or face the risk of facing an action before the
Employment Tribunal, who may then order a reconsideration of the application and order
payment of compensation of up to 8 weeks’ pay.

A badly handled application may also leave the employer open to a claim for sex
discrimination, and unlimited damages before the Employment Tribunal.