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A leading Midlands employment lawyer is warning local employers to be prepared for a big change in the law in April which could result in more employees making requests for flexible working
Tim Lang of Black Country law firm George Green says “From 30 June 2014 all employees with 26 weeks’ service will have the statutory right to ask to work flexibly. The right will no longer be restricted to employees who qualify as parents or carers. An employee could make an application in order to spend more time looking after their dog or on the golf course. More likely, grandparents and family members will be able to make requests in order to look after children who are not their own. Employers will have a duty to consider all requests reasonably.”
Mr Lang continued “ACAS have produced a draft Code of Practice which says that employers should approach requests from the presumption that they will grant the request unless there is a business reason for not doing so. Requests can only be refused for one of six prescribed business reasons set out in the legislation and employees should also be permitted to appeal against a refusal. Employers must consider and decide on requests within a period of three months from first receipt. Failure to comply with the law could result in an Employment Tribunal awarding compensation of up to eight weeks’ pay and employers may also find themselves liable for discrimination claims if they refuse requests on discriminatory grounds.”
Mr Lang warns “Employers need to be aware of the new right and be prepared to deal with requests. This will involve a great deal of management time and expense. Nevertheless employers should make sure that they consider requests carefully and weigh up the benefits of the requested changes both for the employee and for the business against the cost of implementing the changes.”