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


Cancer Research UK Free Will Service image

Cancer Research UK Free Will Service

Maples Solicitors are pleased and proud to announce that it is working in partnership with Cancer Research UK to offer their Free Will Service for the over 55’s.

The vast majority of people have been affected in some way by cancer and we wish to support Cancer Research UK in its life saving work by offering their Free Will Service.

Over a third of Cancer Research UK’s research is funded by gifts in Wills and we believe we can play a vital role in helping in the fight against cancer. Writing your will for free using the scheme could help beat cancer sooner.

Please contact a member of our Wills and Probate Department:-
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Jane Mawer- jane.mawer@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

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

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Gemma Mayer LLB

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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"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

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

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.