How Flexible can you be?
The Issue
The statutory right to request flexible working is only available at present to parents with a child under 6 years or with a disabled child aged up to 18 years and, since 6 April 2007, to employees who are caring for an adult. To be eligible, employees need to have been employed continuously for at least 26 weeks. An employer can refuse a request if there is a clear business reason for doing so but over 90% of requests are approved.
The Government has announced today that it will extend the right to request flexible working to those employees with parental responsibility for children up to the age of 16 years. It is still consulting on how to implement this but it is likely to be in force from April 2009.
The Consequences
An additional 4.5 million parents are predicted to benefit from this change. However, many employers already extend this right to all their employees for fear of causing resentment among their workforce.
More requests to work flexibly may now be made by senior employees who are likely to have older children. Businesses' active support for employees with families is also likely to last for longer. In addition, the Government announced yesterday that it will legislate to extend the employment rights of temporary or agency workers; those workers often used by business to cover the gaps left by flexible working.
The Solution
This change is not yet in force, but planned for April 2009. Employers should prepare to update their policies on flexible working. Planning for an increase in requests will also be key to the effective management of its impact on business.
Information in this e-alert is a guide only. We recommend that you seek professional advice before taking or refraining from any action. No liability accepted by the firm for any action taken or not taken as a result of this publication.