From 6 April 2003 parents of children aged under six or of disabled children aged under 18 have had the right to apply to work flexibly providing they have the qualifying length of service. Employers have a statutory duty to consider their applications seriously.
The right enables mothers and fathers to request to work flexibly, although it does not provide an automatic right to work flexibly as there will always be circumstances when the employer is unable to accommodate the employee’s desired work pattern.
In order to make a request under the new right an individual will generally:
Be an employee
Have a child under six, or under 18 in the case of a disabled child
Be either: - the child’s mother, father, adopter, guardian or foster parent, or - married to or the partner of the child’s mother, father, adopter, guardian or foster parent
Have worked with their employer continuously for at least 26 weeks at the date the application is made.
Eligible employees will be able to request:
A change to the hours they work
A change to the times when they are required to work
To work from home
It is up to the employee to make a considered application in writing – and the employer must respond within 28 days. There is a right to appeal against their employer’s decision within 14 days of being notified of it.
Both employers and employees can use the DTI website and its interactive guidance site TIGER www.tiger.gov.uk to work out eligibility for the right.
Further advice on employment law matters, including the new rights, as well as good practice guidance is available from ACAS www.acas.org.uk