• Facebook
  • Twitter
  • LinkedIn
Call us now: 01243 836 840   [email protected]
Pure Employment Law
  • Who We Are
    • Nicola Brown
    • Peter Stevens
    • David Jones
    • Debbie Poole
    • Linda Nye
    • Brenda Cherry
  • For Employers
    • Advice on HR and People issues
    • Investigations, Hearings and Appeals
    • Restructuring and Redundancy
    • Defending Employment Tribunal Claims
    • Dismissal of Senior Executives
    • Contracts, Handbooks and Policies
    • Employment Law Training
  • For Employees
    • Settlement Agreements
    • Workplace Issues including Disciplinary and Grievance
    • Bringing an Employment Tribunal Claim
  • Employment Law Events
  • Legal Updates
  • Testimonials
  • Vacancies
  • Contact us
  • Search
  • Menu Menu

Flexible working changes

15th March 2011

[NOTE: Since this article was written the Government confirmed on 18 March 2011 that the right to request flexible working will not, after all, be extended to parents of any non-disabled child under 18, but will continue to apply to parents of children aged 16 and under.]

As you may be aware, the law on flexible working changes from 6 April 2011 so that anyone who is parent of a child aged under 18 has a statutory right to ask their employer for flexible working. Previously, the right was only available to parents of children aged 16 or under, or those with disabled children under 18.

As well as parents, the right also covers the parent’s spouse, civil partner or partner, as well as adopters, guardians and foster parents.

The change removes the ‘gap’ for children aged 17, and also links with the position on adults. Since 2007 employees who care for adults (i.e. over 18s) have had the right to request flexible working too. The employee must be either a relative or partner of the adult in question, or live at the same address as them. The definition of ‘relative’ is very wide and includes step-relatives and in-laws as well as adoptive relationships.

It is important to remember that flexible working only gives a right to request – it does not create an obligation on employers to grant the request. Employers need to give consideration to the request and follow the proper procedure, but if they have good reason to refuse, then they do not have to allow flexible working.

There are however some potential traps for unwary employers. Although an employer may be able to refuse a request under the flexible working rules, employees might have other additional rights to bear in mind as well. The classic example is the woman returning from maternity leave who not only has the right to request flexible working, but also protection against indirect discrimination. If an employer refuses her request, then they may need to be able to demonstrate that their refusal was justified as a proportionate means of achieving a legitimate aim.

Another area to watch out for in relation to flexible working is disability discrimination and this is an area which is likely to increase in significance in future. Following the landmark case of Coleman v Attridge Law, it is unlawful to discriminate against someone because of their association with a disabled person. This position is now dealt with by the Equality Act. What it means is that if someone makes a flexible working request because they want to care for their disabled relative, they will be protected against less favourable treatment.

A flexible working policy can be a good idea to ensure that requests are sent to the right person, are dealt with consistently and in the right timescales. Each request should be dealt with on its merits and it is a good idea to ensure that managers are aware of the law in this area to avoid some requests being refused outright without proper consideration.

Are you dealing with a flexible working issue? If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected]).

© Pure Employment Law Limited, 2011. Please note that this update is not intended to be exhaustive or be a substitute for legal advice.  The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.
Share this article
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg 0 0 Nicola Brown https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg Nicola Brown2011-03-15 11:06:112014-12-03 16:01:10Flexible working changes

Join our mailing list

* = required field
Mailing Lists


Recent Legal Updates

  • Discrimination found in gender critical belief case 27th July 2022
  • Court of Appeal overturns Tesco fire and rehire injunction 27th July 2022
  • Changes to fit notes 27th July 2022
  • Where are we with the fire and rehire Code of Practice? 27th July 2022
  • Can long Covid be a disability? 29th June 2022
Link to: Contact Us

Any questions? Why not get in touch!

Our advice is always given in plain English without any waffle, and we focus on providing practical solutions to our clients’ problems.

Contact us

LEGAL INFORMATION

Pure Employment Law | 1 Little London, Chichester, West Sussex, PO19 1PH
[email protected] | Tel: 01243 836840

Pure Employment Law is the trading name of Pure Employment Law Limited, registered in England and Wales with company number 07134294 and whose registered office is 1 Little London, Chichester, West Sussex, PO19 1PH. Pure Employment Law Limited is authorised and regulated by the Solicitors Regulation Authority with registration number 533794. A list of the company’s directors is available for inspection at the registered office

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Pure Employment Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy Policy | Cookies Policy | Terms & Conditions | How to make a complaint | Sitemap

© Pure Employment Law 2022

Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies as defined in our cookie policy.

Accept Cookie Policy

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only