Requests For Flexible Working
From 30th June 2014 the law states that all employees with at least 26 weeks service can request a flexible working pattern. The obligation on the employer is to consider the request, not necessarily grant it. However, there are only certain grounds in law upon which a request can be refused.
The consequences of failing to deal appropriately with a request for flexible working can result in an employer being ordered to pay up to £3,712 as compensation to an employee.
An employee can make a complaint to an Employment Tribunal if the employer:-
- Fails to deal with their application in a reasonable manner.
- Fails to notify them of the decision on their application within the decision period.
- Fails to rely on one of the statutory grounds when refusing their application.
- Bases its decision on incorrect facts.
- Treats the application as withdrawn when the grounds entitling the employer to do so do not apply.
If the complaint is upheld, the tribunal must make a declaration to that effect and may make either or both of:
- An order for reconsideration of the request.
- A compensatory award to be paid by the employer to the employee, of such amount as the tribunal considers just and equitable, up to the statutory maximum.
Jennifer Carpenter became Managing Partner of the firm in January 2014. She was appointed as a Partner in January 2005, having qualified as a solicitor in 2000 after completing her training with the firm. She specialises in Employment, property dispute litigation and contentious probate. She has extensive experience of undertaking advocacy in the Magistrates Court, County Court and Employment Tribunals. Jennifer is also our Compliance Officer for Finance and Administration (COFA) and our Data Protection Officer.
