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Lawson-West your legal partner for life

Research commissioned by the Government Equalities Office has found that 82% of adults are not aware that employees who are also carers have a legal entitlement to ask their employer for flexible hours.  Yet 35% of the 2036 people surveyed had caring responsibilities and would have been eligible for making flexible working requests.

Employees with children under the age of 16 and adult dependants, e.g. an elderly parent in poor health or a disabled relative, have the right to request flexible working.  Employees with caring responsibilities could ask for a change in working hours, a change to times of working or to work from home and have to consider the impact on other employees and the employer’s business.  So a change from full-time to part-time working may not be practical but a change in working hours to avoid rush hour commutes and so shorten journey times to and from work may be.

Employers should arrange a meeting after receiving a request and employees are entitled to bring another employee to the meeting.  Within two weeks of the meeting, your employer should write to you confirming your new working arrangements or to explain why the request has been refused. 

So far 91% of flexible working requests from employees with caring responsibilities have been accepted.  However, if your request for flexible working is refused and you do have responsibility for caring for an adult dependant or child under the age of 16, you may have an employment tribunal claim, particularly if you feel you have no choice but to leave your job as a result.  Please phone either Ashley Hunt or Carrie-Ann Randall on 0116 212 1000 now or complete one of the on-line forms.

The Government has extended paternity rights.  Currently new fathers are entitled to a maximum of two weeks’ paid leave.  For babies due on or after 3 April 2011, new fathers will be able to take up to three months’ paid leave and three months’ unpaid leave if the mother returns to work after six months of maternity leave.  The paid paternity leave will be at the statutory paternity pay rate of £123.06 per week.  Parents are likely to have to give employers eight weeks’ notice.  Plans to extend paid maternity leave have been shelved.

If you have any questions regarding either paternity or maternity leave, please phone Ashley Hunt or Carrie-Ann Randall on 0116 212 1000 now or complete one of the on-line forms.