Flexible Working

From 6 April 2003 employees with 26 weeks continuous service have the right to request to work flexibly. The right is available to parents or adoptive parents, or a spouse or partner of a parent or adoptive parent (of the same or different sex). The right only applies to parents of children aged 5 or under and the purpose of applying must be to care for the child.

The request must be made in writing and specify the change proposed, what effect the employee thinks the change might have on the employer and how this might be dealt with, and must explain the relationship between the employee and the child.

The employer must meet the employee within 28 days of the written request if they are refusing the request. Refusals can be made on a number of specific grounds such as the burden of additional costs. However there are few sanctions on employers for refusing requests and grounds under which a tribunal claim can be made are limited.

It may however be possible to take a claim under the Sex Discrimination Act if the request is refused.