From 6 April 2003, subject to Parliamentary approval, parents of children aged under six or of disabled children aged under 18 will have the right to apply to work flexibly.  Employers will have a statutory duty to consider their applications seriously.  It will not provide an automatic right to work flexibly as there will always be circumstances when the employer is unable to accommodate the employee's desired work pattern.

In order to make a request under the new right an individual will:

• be an employee
• have a child under six, or under 18 in the case of a disabled child
• have worked with their employer continuously for 26 weeks at the date the application is made
• make the application no later than two weeks before the child's sixth birthday or 18th birthday in the case of a disabled child
• have or expect to have responsibility for the child's upbringing
• be making the application to enable them to care for the child
• not have made another application to work flexibly under the right during the past 12 months.

Eligible employees will be able to request:

• a change to the hours they work
• a change to the times when they are required to work
• to work from home

In summary, the procedure will be as follows:

The employee makes an application in writing. They will be able to make only one application a year under the right, and an accepted application will mean a permanent change to the employee's own terms and conditions of employment. It will be important therefore that, before making an application, the employee gives careful consideration to which working pattern will help them best care for their child; any financial implications it might have on them in cases where the desired working pattern will involve a drop in salary; and any effects it will have on their employer's business and how these might be accommodated.

Within 28 days the employer will arrange to meet with the employee. This will provide the employer and the employee with the opportunity to explore the desired work pattern in depth, and to discuss how best it might be accommodated. It will also provide an opportunity to consider other alternative working patterns should there be problems in accommodating the desired work pattern outlined in the employee’s application. The employee will, if they so wish, be able to bring a companion to the meeting.

Within 14 days after the date of the meeting the employer will write to the employee to either agree to a new work pattern and a start date; or to provide a clear business ground(s) as to why the application cannot be accepted and the reasons why the ground(s) applies in the circumstances. The procedure will also provide for occasions when the employer will want to take further action before notifying the employee with their final decision.

The procedure provides an employee with the right to appeal their employer's decision within 14 days of it being notified to them. The appeal process is designed to be in keeping with the overall aim of the right of encouraging both parties to reach a satisfactory outcome at the workplace.

Rights to parental leave and time off for dependants

Both mothers and fathers who have completed one year's service with their employers are already entitled to 13 weeks' (unpaid) parental leave to care for their child (since December 1999). Parental leave can usually be taken up to five years from the date of birth or in cases of adoption five years from the date of placement (or the child's 18th birthday, if that is sooner).

Parents of disabled children are entitled to 18 weeks' parental leave (previously 13 weeks) up to the child's 18th birthday, providing they have the qualifying length of service.

All employees are also entitled to take a reasonable amount of (unpaid) time off work to deal with an emergency or unexpected situation involving a dependant.

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