Employment: Government to consult on extension of the right to claim flexible working

30 January 2012 |

The government has adopted proposals of a report by the Department of Business Enterprise and  Regulatory Reform which recommend the extension of the right to request flexible working to all employees with parental responsibility for children up to the age of 16.  It will be consulting on how best to implement the proposals which envisage implementation at one time, rather than a phased approach.

Currently, under the Employment Act 2002, employees with parental responsibility can request flexible working arrangements from their employer to care for a child under six years of age (or a disabled child under 18 ) or for a person over 18 who is the spouse civil partner or partner of the employee or a relative or who lives with the employee.

Perhaps oddly, the proposals leave a lacuna in respect of children under 18 who need care.

The employee has to have 26 week’s continuous service with the employer (including associated employers) before making the request and the employer does not have to entertain a request if one has been made within the previous 12 months.  However, employer’s should be careful that any refusal would not amount to actionable discrimination.

For further information on flexible working please get in touch.

Disclaimer

Content is for general information purposes only.  The information provided is
not intended to be comprehensive and it does not constitute or contain
legal or other advice.  If you require assistance in relation to any
issue, please seek specific advice relevant to your particular
circumstances.

Disclaimer

Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.

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