In order to make a flexible working request parents will be required to stipulate in writing the working arrangements they seek, how these could work in practice and when they wish them to commence. The employer will be required to consider the request based on business reasons. Should the employer refuse an application they can only do so on the grounds of:
- burden of additional costs to the business
- inability to meet customer demand
- inability to organise work within available staffing
- detrimental impact on quality
- detrimental impact on performance
- inability to find extra staff
The employee can appeal against an unfavourable decision through the employer's grievance procedure. As a last resort the tribunal system could be used although it will only consider whether the employer has followed procedure and if any factual errors were made.
This legislation is centred around a family friendly approach but does not address the issue of access to flexible working arrangements for all. It is also true to say that it may not always be possible for companies to offer flexible arrangements. Furthermore, the legislation does not address the issue of the need for flexibility for those parents who have children of school age. It also excludes those who have caring responsibilities for elderly relatives. This legislation is a significant step forward for parents, but which could have gone even further by offering all employees the right to request flexible working.
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