Understanding Section 8 of the Children Act 1989
Navigating the complexities of family law can be challenging, especially when it comes to resolving disputes about children. Section 8 of the Children Act 1989, provides a legal framework to...
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Due to the recent changes in the New Flexible Working Law 2024, Elizabeth Watt, a solicitor in our litigation department, shares legal insights for employers on essential considerations for refusal, and potential pitfalls to be aware of.
Prior to 6th April 2024 employees could only make one request for flexible working in any 12 month period and had to wait 3 months from the date of the request to find out the decision. They also needed to wait 26 weeks before they were eligible to make the request. That changed on 6th April 2024 as the Employment Relations (Flexible Working) Act 2023 came into force. This allows employees the right to make two flexible working requests in a 12 month period and applies from the first day of employment. Companies need to inform the employee of their decision to the request within two months and must consult with the employee especially in circumstances where they are considering turning down the request.
Flexible working encompasses all sorts of arrangements and is particularly useful for those who are disabled, caring for elderly or disabled relatives or for childcare reasons. Flexible working can include the following:
An employee no longer needs to wait until they have been employed for 26 weeks but instead can request to work flexibly from the first day of employment. The request needs to be made in writing but the employee no longer needs to state what effects the change could have on their work or the organisation and how they or their employer might deal with them. An employee can also make two requests rather than one in a twelve month period. However, the second request can only be made once the employer makes a decision, the employee withdraws the request, the employee and employer agree an outcome or it has been 2 months since the date of the request.
An employer must consider the request and inform the employee of the outcome within 2 months of the request being received. They should also consult which is crucial particularly if they are considering turning down the request.
An employee should be mindful of employees who may have a protected characteristic as by turning down the request could lead to a potential claim for discrimination. The protected characteristics are:
For expert legal advice and guidance on navigating flexible working or any employment law matters, reach out to WSP Solicitors today. Contact us directly at 01453 847200 or conveniently fill out the enquiry form located on this page.
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