Now Employers can be asked to consider flexible working arrangements by all parents

From 6 April 2009, the right to ask employers for a flexible working pattern was extended to include the 4.5 million parents of children aged 16 and   under. These rules extend the pool of employees who have the right to ask for their contract to be varied. The right previously applied - and continues to apply - to carers of children under six or disabled children under 18, as well as to employees who care for certain adults.

In the current economic climate this legislation has been controversial and viewed as imposing a further administrative and financial burden on employers. On the plus side, employers say that it benefits their business in employee loyalty and employees taking responsibility for working hours.

Who does it apply to?

To be eligible to ask for a change in their work pattern, employees will have to:

• be an employee, not an agency worker;
• have worked continuously for at least 26 weeks on the date they make their request;
• not have made another statutory request during the past 12 months

What role do they have at home?

They also have to be:

• the mother, father, adopter, guardian, special guardian, foster parent or private foster carer of the child or a person who has been granted a residence order in respect of a child; or
• married to or the partner or civil partner of the child's mother, father, adopter, guardian, special guardian, foster parent or private foster carer or of a person who has been granted a residence order in respect of a child.

Duty to consider the request

In line with other employment legislation, employers have a duty to consider such requests seriously. You must consider a request with the aim of deciding whether your business can accommodate the requested change in work pattern.  You are required to hold a meeting with the employee to discuss their request.  If you agree to the request on the basis of their application you do need to call a meeting.

The Meeting

If you cannot accommodate the requested working pattern, you can use the meeting to look at alternatives to find a working pattern suitable to you both.  You must tell the employee your decision within 14 days of the meeting and if you refuse their request they have a right of appeal to you.

There are detailed rules on handling requests and following the procedure involved. If you need any advice on how to follow the new procedure or deal with any issues which may arise please contact Fiona Hume in our Employment Department  on 01283 531366 or fhume@astlepaterson.co.uk