Parent power?

DON'T let anyone try telling you that parents struggling to bring up young children enjoy working all the hours God sends.

A recent survey revealed many people would rather be given more flexible working hours than an extra £1,000 in their pay packet.

If that's true, then new legislation due to come into force in April could be better news than a pay rise.

New regulations under the Employment Act 2000 will give parents of children under six years old, and parents of disabled children under 18, the right to formally ask their employer to let them work flexible hours.

Their boss won't necessarily have to agree - but if your request is turned down, they will have to give very good reasons why in writing. And even then, they could face being taken to an employment tribunal and forced to pay you compensation of up to eight weeks pay.

According to solicitor Tom Watkins, a specialist in employment law with Langleys, in York, while the new legislation may not lead to a flood of applications for flexible or part-time working when it becomes law in April, there will certainly be plenty of interest. He points to the survey showing how people would rather work flexible hours than have an extra £1,000 in their pocket.

"People are obviously keen to look into it, and I think they will be making use of it," he says.

The right to ask for flexible working hours will extend to anyone, man or woman, gay or straight, who has 'parental responsibility' for a child or children under six."

That will include adoptive parents, foster parents, guardians, or anyone married to or living with someone who is responsible for such a child and who shares or expects to share some of that responsibility.

To be able to apply for flexible working, such a person will have had to be working for his or her employer continuously for at least six months.

The application will have to be made in writing, and should specify the hours being applied for, what effect the change in hours might have on the employer's business, and how that effect could be managed.

The hours you apply to work could be simply different (10am-6pm instead of 9am-5pm, for example) or shorter (four days a week instead of five, or 9.30am-4.30pm instead of 9am-5pm), though if you expect to work fewer hours you should naturally also expect to be paid less.

There will be a number of grounds on which an employer could reject your application, mainly relating to the impact such a request would have on business. They will include:

cost

inability to meet customer demand as a result

inability to recruit extra staff or reorganise existing staff to cover

planned changes in the businesses structure

There are so many possible reasons for refusing your request, in fact, that to many the whole thing may seem like a cop-out. That, however, is not necessarily a fair interpretation, says Tom Watkins. It is true, he says, that a small employer may quite easily be able to argue a convincing business case as to why they turned you down.

"If you're a small employer with two employees, one says: 'I don't want to work mornings', and the other says: 'I don't want to work mornings either', what are you gong to do?" Tom asks. A large employer, however, would find it much more difficult.

"If they say we cannot physically cover your absence, that would be factually incorrect with a bigger business because they could have 100 other employees," Tom says. In any case, he adds, a good employer, for the sake of employee morale, is going to want to at least show willing and give your request a fair hearing.

The legislation sets out a very clear procedure that will have to be followed in such a case.

If an employer rejects your application, they will be required to hold a meeting with you within 28 days, setting out the grounds for their refusal, explaining them, and telling you what the appeal procedure is. You would have grounds for an appeal to an employment tribunal if either your employer failed to follow the correct procedure (for example, if it refused to consider your application, or explain why it was refusing you) or if the reasons it gave for refusing you (for example, that it would not be able to cover for you during your absence) were demonstrably false.

But for parents who need that extra half-hour in the morning or evening to pick up the children from school, it just may be the answer to your prayers.

Updated: 11:38 Thursday, January 09, 2003