New flexible working rights

Mark Minns, 29 March 2009

Changes to employees' flexible working rights are being introduced with effect from 6th April 2009.

Currently only parents with a child under the age of 6 (or under 18 if the child is disabled) and carers of adults have a legal right to make a request for flexible working. Requests for flexible working range from an earlier finishing time one day a week to a significant alternation to the employee's working hours.

However, with effect from 6th April 2009 this provision will be extended and will cover employees with parental responsibility for children aged 16 and under. Such employees will still have to comply with the eligibility criteria if they wish to make an application under the statutory flexible working scheme. The key criteria are:

> 26 weeks continuous service;
> the individual making the application is an employee; and
> no prior statutory requests have been lodged in the preceding 12 months.

Employers must continue to treat flexible working applications seriously, and in accordance with due legal process.

For smaller businesses, flexible working requests can often be difficult to accept. However, an unreasonable refusal of a flexible working request can not only give rise to resentment from the employee concerned, but can also lead to a range of legal claims being brought against the employer.

If you are an employer, you may be interested in our up-to-date and legally-compliant flexible working policy.