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Extension to the Right to Request Flexible Working from April 2009
23rd February 2009
A further extension to the right to request flexible working will become effective from April 2009...
Currently only those with children under the age of six (or a disabled child under the age of 18) or those who have an adult dependant are able to make flexible working requests. (A qualifying “parent” includes adoptive parents, foster parents and guardians.)
The right to request to work flexibly was extended to the care of an adult living at a qualifying employee’s address from April 2007. This can include a spouse, partner, civil partner or relative, or any adult living at the employee’s address.
Current legislation places a duty on employers to consider all requests to work flexibly seriously. The initial responsibility is on the employee to prepare a carefully thought-out application well in advance of when they would like the desired working pattern to take effect.
The employer then follows a set procedure to help ensure the request is considered seriously. An employer may only refuse a request where there is a recognised business ground for doing so.
Although employers are able to refuse requests to work flexibly, in practice most are met or an agreement is reached which is acceptable to both parties.
Forthcoming Changes
The Government has confirmed that the right to request flexible working will be extended further in April 2009 to parents of children up to the age of 16. Employees must have at least 26 weeks' continuous service with their employer in order to qualify.
It is estimated that the extension will apply to an extra 4.5 million employees who will have the right to request working patterns that will improve their work-life balance.
The existing procedure is not expected to change significantly. However, the government is considering removing the obligation on employers to send a formal letter when approving an employee’s request. This will aim to make the process less complex.
Many employers already have a flexible working policy in place that reflects or goes beyond the existing statutory rights but such policies are likely to require updating before April 2009.
Further information
Further information can be obtained from your HR Department in respect of flexible working. For NorthgateArinso clients, our NorthgateArinso HR Outsourcing team are able to provide specific support in providing policies and procedures, and customised training packages, to manage flexible working requests within your business.
Clients of NorthgateArinso HR Outsourcing who already have a flexible working policy in place will be provided with updated documentation in due course. If you would like to discuss this matter further, or wish to discuss an existing issue around this subject, please call the NorthgateArinso Advice Line on 0845 299 0243 who will be happy to help.
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