Flexible Working – the Law
From 30th September 2007 employees have had a new right to request flexible working.
Under the Employment Act 2006 and the Flexible Working Regulations 2007, certain employees are given the legal right to request flexible working, even if their contract of employment does not give them any such right.
The Act and Regulations do not give a right to flexible working: however, they oblige the employer to give the request proper consideration, and prevent the employer treating an employee unfairly for making the request.
Employees who have worked for their employer for 26 weeks are entitled to make a request in order to facilitate care for a dependant.
A dependant is:-
- the employee's husband or wife
- a child under the age of 6 years
- a disabled child under the age of 18 (a child is 'disabled' if disability living allowance is payable in respect of him or her)
- a parent or a person who lives in the same household as the employee, but is neither an employee, tenant, lodger or boarder of the employee nor a child who is excluded by age from eligibility.
Guidance Material
The Guide 'Flexible Working - the Right to Request and the Duty to Consider' (available below) explains:-
- what is meant by 'flexible working'
- who is entitled to request flexible working, and for what purpose
- how a request for flexible working is to be made
- how an employer must respond to a request for flexible working
- how disputes about flexible working can be resolved
- what employees can do if they are treated unfairly for requesting flexible working.
Sex Discrimination
The Employment (Sex Discrimination) Act 2000 prohibits direct and indirect discrimination. In dealing with requests for flexible working indirect discrimination is more likely to occur. This occurs when an employer applies a condition or requirement which, although it is applied equally to both sexes, is such that a considerably smaller proportion of women than men can comply with it and which the person applying it cannot show to be justifiable.
More women than men have family responsibilities and wish to work part-time, therefore a policy that everyone works full-time can amount to indirect sex discrimination as it would put women at a particular disadvantage.
See Equality at Work for more information on this legislation.
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