Family Friendly and Flexible Working

There has been lots of talk recently about work-life balance. It is easy to understand how employees can benefit by having a better balance between their jobs and their home lives, but many small businesses are worried about either encouraging this flexible approach or ending up in an employment tribunal.

An ageing population, smaller families and changing family structures mean that the number of people in the workforce with caring responsibilities is set to increase. In many families both parents have to work in order to pay the bills.  There has also been a big increase in recent years in the number of single parent families who need to balance jobs with childcare.  There are also approximately 600,000 carers who combine work with looking after an ill, frail or disabled family member, friend or partner, without pay.  

So, what does this mean for employers?

Firstly, there are benefits for employers who are committed to family friendly arrangements.  Flexible organisations can be more attractive to people looking for work, they may be able to remain open for longer hours, they can develop loyalty, reduce staff turnover, and retain skilled, talented and specially trained employees.

So where does the law come in?

Employees who have been working in their job for 26 weeks and who have children under six or a disabled child under the age of 18 have the right to request a variation of their working patterns and/or hours so as to be able to take care of their dependents.  This right has also been extended to carers.  

If an employee wants to change their working patterns or hours they need to make a formal request in writing.  The employer is then obliged to follow a strict timetable to discuss and decide the issue. A request may only be refused if the employer gives a valid "business ground", which is prescribed by the legislation.  A failure to comply with the procedure and/or a failure to give a genuine business ground to substantiate a refusal will allow the employee to bring a claim in the Employment Tribunal, potentially under a number of grounds including discrimination.

Therefore, if one of your employees has requested flexible working it may be helpful to seek legal advice.  There are strict time limits so it is important to act quickly to avoid potentially expensive litigation.

If you have a question about flexible working, call Richard Nelson Employment Solicitors on 084 4804 4800 for specialist, professional and prompt advice. You can also visit the Richard Nelson Solicitors website, or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .