 Will workers get what they ask for? |
Employers who refuse requests from staff to work flexibly could be open to sex discrimination claims, a leading employment consultancy has warned. New regulations coming into force on 6 April will permit four million parents of children under six years of age, and parents of disabled children under 18, to have the legal right to request more flexible working arrangements.
But employment consultancy Mercer said some people could be forced to seek redress under sex discrimination law, because of loopholes in the legislation.
"The rules are simply a right to request, it is not a right to work flexibly," Gary Bowker, Mercer's employment law consultant, told BBC News Online.
Family-friendly measures
From 6 April, parents can request to change working hours, work from home or go part-time.
But employers can refuse the request if they have a clear business reason for objecting.
Eligibility to request flexible working A worker must have worked for the employer continuously for at least 26 weeks at the date the application is made Applications must be made no later than two weeks before the child's sixth birthday, or 18th birthday in the case of a disabled child. |
In the regulations, there are a total of eight grounds in which they can refuse requests, such as flexible working would create "additional costs" or have a "detrimental effect on the firm's ability to meet customer demand".
One of the problems for employees who are turned down is that none of these eight grounds can not be challenged in an employment tribunal.
And the government also has the power to introduce more exclusion clauses if it wants.
"Women whose applications are refused are likely to seek redress under sex discrimination law instead," said Mr Bowker.
"This requires employers to objectively justify their refusal, and failure to do so could result in substantial compensation claims."
Men who are turned down could also bring claims under sex discrimination laws, but only if an equivalent female worker had already been granted the right to work flexibly, Mr Bowker said.