The Right to Request Flexible Work to be Extended

25th March 2011
The Right to Request Flexible Work to be Extended image

The Right to Request Flexible Work to be Extended

On 6th April 2011 the right to request flexible working will be extended to parents of children under 18.

This right currently applies to employees who have had 26 weeks’ continuous employment before applying and have not made an application to work flexibly under the right during the past 12 months and:-

(i)              have or expect to have parental responsibility of a child aged under 17 or,

(ii)             have or expect to have parental responsibility of a disabled child under 18 who receives Disability Living Allowance or

(iii)            the parent/guardian/special guardian/foster parent/private foster carer or as the holder of a residence order or the spouse, partner or civil partner of one of these and are applying to care for the child or

(iv)           are a carer who cares, or expects to be caring, for an adult who is a spouse, partner, civil partner or relative; or who although not related to the applicant lives at the same address as the applicant.

This move to extend the right to parents of children under 18 is the first stage of changes to the law that will eventually extend the right to request flexible working to all employees.

Under the present law a business must seriously consider the application, and only reject it if there are good business reasons for doing so.  The employee only has the right to ask for flexible working, not the right to have it.

Good business grounds for refusing an application can include the burden of additional costs, the detrimental effect on the ability to meet customer demand, the inability to reorganise work amongst existing staff, the inability to recruit additional staff, the detrimental impact on quality, the detrimental impact on performance, the insufficiency of work during the periods the employee proposes to work and the planned structural changes.

Daven Naghen, head of our Employment Team, commented as follows:-

“Employers will need to take care to update flexible working policies and procedures to cover this slight change to the rules.  Currently the statutory right is just a right to request flexible working, and is not a right to have it.  Therefore employers can still reasonably decline applications if there is a legitimate business ground for doing so.

Those employees who do not have the statutory or legal right to request flexible working are still free to ask their employer if they can work flexibly.  It will be a matter for the business as to whether or not it is willing to consider such a request – it may be good employment practice to do so.”

If you require advice about dealing with an application by a member of staff for flexible working then please contact Daven Naghen on 01775 722261 or email daven.naghen@maplessolicitors.com


Maples supporting Macmillan Coffee Morning image

Maples supporting Macmillan Coffee Morning

On 29th September 2017 Maples Solicitors LLP will be hosting a coffee morning as part of Macmillan’s “World’s Biggest Coffee Morning”.

Tea, coffee and cakes will be served from 10:00am until 1:00pm and all donations received will go to Macmillan Cancer Support to assist them with providing medical, emotional, practical and financial support to those facing cancer and their families.

At the same time, Maples will also be running a free Wills, Lasting Powers of Attorney and Probate clinic so that whilst you are in the office you may take the opportunity to discuss any of these with one of the Private Client Team with no obligation to commit. You can use the time to raise any questions you may have about making a Will, who you could appoint as Executors, whether you need a Power of Attorney or how a Power of Attorney works, for example.

Maples hope to see their existing clients join them for the coffee morning and very much look forward to meeting new people- everyone is welcome!

If you would like to discuss any matters in relation to Wills, Lasting Powers of Attorney or any Probate related matters prior to the coffee morning then please contact one of the lawyers in our private client team:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office on 01775 722261 and ask to speak with one of the team.

Read More

Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.