Flexible Working: New Rights Under the Employment Act 2002

After 6 April 2003, qualifying employees will have the right to request flexible working arrangements. Although there is no obligation on the employer to make a change, employers will have to take the request seriously and justify any refusal on recognised business grounds.

Who is Entitled to Request a Change To Their Terms of Employment?

A request can be made by any employee:

with 26 weeks' service on the date the request is made;

who is the mother, father, adopter, guardian or foster parent of a child under the age of 6 or a disabled child under the age of 18, or is married to such a person and living with the child or is the partner of such a person;

who has or expects to have responsibility for the upbringingof the child and who is making the application in order to care for the child;

who has made the request no later than 2 weeks before

the child's 6th (or 18th) birthday; and

who has not made such a request in the previous 12 months.

Agency workers and members of the armed services do not qualify.

What Type of Change Can Be Requested?

The request can involve a change to the number or timing of working hours or to work partly or fully from home.

The types of arrangements which are envisaged are compressed hours, flexitime, home working, job-sharing, teleworking, term-time working, shift working, staggered hours, annualised hours and self-rostering.

Employees will not have a right to revert back to previous arrangements. Any change agreed by the employer will be permanent unless agreed otherwise by the employee and employer.

Form of Request

The application must:

be in writing;

state that it is an application for flexible working;

specify the change requested and the date on which it is proposed the change should take effect;

explain what effect, if any, the employee thinks the change will have on the employer and how this might be dealt with;

explain how the employee meets, in respect of the child concerned, the conditions as to the relationship required; and

state whether a previous application has been made to

the employer and, if so, when.

Effect of Change on Benefits

An employee's entitlement to benefits will only change if there is a change in the number of hours worked. If a contract provides for benefits when certain criteria are met, an employee will still have to meet those criteria. If the employee requests to work part-time, the employee will be entitled to receive pro rata benefits and the same qualifying periods...