Flexibility, are you ready?

Regulations covering Flexible working arrangements came on the 6 th April 2003. Under the new legislation, permanent employees with more that 26 weeks service who have parental responsibility for a child under age 6 (or under 18 if entitled to disability living allowance) are entitled to request flexible working arrangements.

The application must be in writing, dated and state that it is being made under the statutory right to request flexible working. Within 28 days of receiving the application, the employer must meet with the employee to consider the request. The employer must notify the employee of any subsequent decision in writing within 14 days of the meeting.

An employer may lawfully refuse a request where the following circumstances apply:

• The burden of additional costs;
• The detrimental effect on ability to meet customer demand;
• The inability to re-organise work among existing staff;
• The inability to recruit additional staff;
• The detrimental impact on work quality or performance;
• The insufficiency of work during the periods the employee proposes to work;
• Planned structural changes; and
• Such other grounds as the Secretary of State may specify by regulations

If an employer wrongly refuses such a request, an employment tribunal has the authority to order the employer to reconsider the request and/or award compensation. If an employee is dismissed in connection with seeking to claim flexible working arrangements, this equates to unfair dismissal.

These regulations do not apply to Temporary Workers but will apply to all permanent employees.

For further information please go to the DTI website at http://www.dti.gov.uk/er/individual/flexforms.htm.