Employment
Employers should review their policies on flexible working and raise awareness among employees as new rules come into force.
An extra 4.5 million parents with children under 17 have the right to request flexible working as of 6 April.
Kathleen Healy, partner in the employment, pensions and benefits practice at international law firm Freshfields Bruckhaus Deringer, says: “Unless it is managed properly, it could cause a major headache for employers, who need to ensure that requests are managed fairly, and that decisions are based on objective business grounds.
“Otherwise employers risk tribunal claims. When deciding whether to allow an employee to work flexibly, employers may be reluctant to accommodate someone with a teenage child rather than someone with, for example, a young baby, as they may feel the person’s needs are less pressing. Remember that this will not be an acceptable justification.”
The statutory dispute resolution procedures, introduced five years ago under the Employment Act 2002, have been abolished. Instead, employers should follow the revised Acas code of practice on resolving disciplinary issues and grievances. (See this issue, p 537)
While failure to follow the ACAS code will not automatically lead to liability, tribunals will be able to take this failure into account when deciding cases.
Tribunals will also have the power to increase compensation awards by up to 25% where the code has not been followed.
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