Reminder: Changes to Flexible Working under Employment Act

We have previously aired some of the changes being introduced by the new Employment Act, but perhaps one of the least covered is the right to request flexible working. Employees with young children will be able to have any request for flexible working arrangements seriously considered by their employer. The child will need to be under six (18, if disabled).

If the employer does agree to a change in hours what are the ramifications? The probability is that request will be met by agreeing to part-time hours. Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 an employee on part-time hours has the same rights as anyone on a full time contract. Pension contributions will have to be maintained (possibly pro rata) as well as holiday entitlement and sick pay.

Not just that, but employers will need to be careful when considering promotions not to disadvantage part-timers. Equal care will need to be taken with redundancy programmes. It might be tempting to select part timers for redundancy but that is not a route that should be adopted. Furthermore, because the statistical probability is the part timers will be women it could amount to an act of sex discrimination.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.