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10th October 2002
Page 42
Page 42, 10th October 2002 — MORE 9 to 5
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Which of the following most accurately describes the problem?

Requests from employees who want to change their working arrangements to suit their child care needs (such as a dependent relative) will have to be given more serious consideration once the Employment Act 2002 comes into force next April.

From 6 April 2003, parents of children aged under six or of disabled children aged under 18 will have the right to apply to work flexibly after a qualifying length of service. Employers will be required to consider these applications seriously.

The new right will enable mothers and fathers to work flexibly. it will not provide an automatic right to work flexibly as there will always be circumstances where the employer is unable to accommodate the employee's desired work pattern.

The right is designed to meet the needs of parents and employers, especially small employers, and aims to facilitate discussion and encourage both of them to consider flexible working patterns and to find a solution that suits them. The employee has a responsibility to think about their desired working pattern when making an application, and the employer is required to follow a specific procedure to ensure requests are taken seriously.

Who is eligible?

In order to make a request under the new rights the applicant must fulfil the following conditions: • Be an employee; • Have a child under six, or under 18 In the case of a disabled child; • Have worked for the employer continuously for 26 weeks at the date the application is made:

What are the workers' rights?

Eligible employees will be able to request a change to the hours they work, including working at home.

This covers working patterns such as annualised hours, compressed hours, flexitime, homeworking, jobsharing, shift working, staggered hours and term-time working.

Applications for a change in working pattern will not always require a significant alteration. For example, a parent might simply wish to start work half an hour later to take a child to school and make up the time later in the day.

What about the application?

When applying for flexible working the employee must state that it is an application for flexible working, explain the relationship with the child, and spell out clearly what changes to terms and conditions the employee requires, and when the changes should be effective. The applicant must also explain the effect that any such change might have on the employer and how, in the employee's view, any such effect could be overcome.

When must it be made?

Any application for flexible working must be made at least 14 days before the child's sixth birthday, or in the case of a disabled child, before its 18th birthday

Is there a limit?

An employee can only make one application to the same employer for fleidble working arrangements in any 12-month period.

What must the employer do?

The employer must act promptly once a request for flexible working is received. He is required to hold a meeting with the employee within 28 days after the request is made; must provide the employee with a written decision within 14 days of the meeting; and must grant the employee the right to appeal the decision within 14 days of the decision. In this case the employee should set out clearly his grounds of appeal.

If there is to be an appeal meeting it must be held with the employee within 14 days of the date on which the notice of appeal is given by the employee. A decision in writing must be made within 14 days of the appeal; if the appeal is unsuccessful the decision must set out the reasons for that refusal.

Can an employer refuse?

Employers should consider all requests carefully and can only refuse if one of the following reasons applies: • Additional costs to the business; • Detrimental effect on the ability to meet customer demand; • Inability to reorganise work among existing staff; • Inability to recruit additional staff; • Detrimental impact on quality or performance.

What about appeals?

Employees who have their requ turned down can apply to Employment Tribunal if the empl has failed to comply with his dutiE consider the request and if employer rejects the application bi on incorrect facts.

The Employment Tribunal can o the employer to reconsider the req and can make an award for compe tion which (subject to a maxii amount to be determined by Secretary of State) the Tribunal col ers to be just and equitable.

What can employers do?

It is vital to give any request for fie working serious consideration and refuse them if the refusal falls within of the grounds that are perrnitted the legislation (see above).

II by Jonathan Exten-Wright and Mary Walsh


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