Amanda Harvey looks at laws that will make flexible working easier
since 72% of British employees have no access to formal flexible working practices, it's hardly surprising that many public sector employers have, until now, been using the ability to offer a work-life balance as a recruitment and retention tool.

From April 2003 however, any employee who meets the eligibility criteria will be able to make an application for flexible working. The request must clearly state that it is an application for flexible working, the change applied for, the date on which the change should become effective and the effect, if any, the employee thinks making the change applied for would have upon his/her employer. The regulations contain strict timescales to be met by the employer and employee, although these can be extended by consent.

The act provides that an employer to whom a valid application is made can only refuse the application on one or more of a number of specified grounds, including:

  • the burden of additional cost
  • detrimental effect on ability to meet customer demand
  • inability to reorganise work among existing staff or to recruit additional staff
  • detrimental impact on quality/performance
  • insufficiency of work during the periods the employee proposes to work
  • planned, structural changes.

The employee can appeal this decision within 14 days. If the original decision is upheld, an application can be submitted to an employment tribunal. The grounds for this are that the employer has failed to follow the statutory procedures, failed to provide a sound business ground (as set out above) when rejecting an application, or based its decision to reject an application on inaccurate facts.

Where the tribunal finds a complaint to be well-founded then it can send the case back to the employer for reconsideration and award such compensation as it considers "just and equitable" in the circumstances, subject to a maximum number of specified weeks' pay. This number has not yet been determined.

While these provisions may have an insignificant impact for many public sector employers, these changes could mean that private sector employees will no longer perceive public-sector employment as the only means of achieving a better work life balance.