Flexible Working Legislation 2011 Update

Flexible working rights – what’s new?

From April 2011 the right to request flexible working is extended to parents of all children under 18. Previously the right to request flexible working was restricted to parents of children under 17 or 18 where the child was disabled.

For more information see our Flexible Working Factsheet.

What you need to do about new flexible working requests

Flexible working requests need to meet certain criteria. As such, an employee’s flexible working request should explain:

• They are applying under the statutory right to request flexible working;
• They have responsibility for the child’s upbringing and / or a relationship with the child or its mother, father or someone who shares the responsibility with a partner for bringing up a child;
• What effect, if any, the proposed change may have on the organisation and how it might be possible to overcome problems;
• The proposed work pattern and when they want it to start;
• Whether they have made a previous flexible working application and, if so, when.

To respond to a flexible working request, you should:

• Respond within 28 days and arrange to meet the employee to discuss the proposal;
• Give the employee your decision in writing within 14 days of the meeting.

You can reject a request for flexible working if:

• The burden of additional costs is disproportionate;
• There will be an impact on the company’s ability to meet customer demand, quality or performance;
• You cannot re-organise work among staff or recruit additional staff;
• There is insufficient work during the proposed working hours;
• The proposal conflicts with planned structural changes in the organisation.

If you reject a request for flexible working you must give the employee the right to appeal. They must appeal within 14 days of notification of your decision.

What we think about changes in flexible working legislation

A new consultation is likely to extend this right to all employees within the next year or so. As such, you may want to consider offering flexible working rights to all your employees now. Flexible working can benefit the organisation as well as its people in a variety of significant ways. For more information see our Flexible Working Factsheet.

Elspeth Watt

Elspeth is a seasoned human resources consultant with experience working at a senior level for many household names including FIAT, Continental Oil, Eurotunnel and the NHS Health Education Authority. Today Elspeth’s unique blend of HR insight and pragmatic support mean she is much in demand as an HR consultant.

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