The right to request flexible working has been extended to parents of children up to the age of 16.

 A further 4.5 million parents will now be covered by law, on top of the six million with children under the age of six or disabled children up to the age of 18 who already held the right.

Who Can Ask For It?  Anyone can ask their employer for flexible work arrangements, but the law provides some employees with the statutory right to request a flexible working pattern. An employee (but not an agency worker or in the armed forces) who has worked for their employer for 26 weeks' continuously before applying has the statutory right to ask if they:

·          have a child aged 16 or under (from 6 April 2009) or a disabled child under 18 who receives Disability Living Allowance (DLA)

·          are responsible for the child as a parent/guardian/special guardian/foster parent/private foster carer or as the holder of a residence order

·          are the spouse, partner or civil partner of one of these and are applying to care for the child

·          are a carer who cares, or expects to be caring, for an adult who is a spouse, partner, civil partner or relative; or who although not related to them, lives at the same address

Under the law, an employer must seriously consider any application, and only reject it if there are good business reasons for doing so. Employees have the right to ask for flexible working – but not the right to have it.

Employees who do not have the legal right to request flexible working are, of course, free to ask their employer if they can work flexibly. Many employers are willing to consider such requests. If an employee has the statutory right to apply, then there is a process they must follow.The process of making a request - and the employer considering it - can take up to 14 weeks. So if employees are thinking about changing their work pattern, they should speak to their employer as early as possible. They should also be aware that if their employer agrees to the request, then it may result in a permanent change to their contract of employment.

If they do not have the right to request flexible working then the statutory process will still be helpful to them and they should consider speaking to their employer as early as possible.As with all workplace issues, the underlying message to both employers and employees is that matters should be raised at the earliest opportunity, and considered fairly and openly to give all parties the best chance of coming to an understanding that works well.

For more information please call Employment Law Advisory Services on 0161 785 2000

Visit www.employment-law.uk.com for more information.

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