Family Friendly Rights
Employees now enjoy extensive rights that allow them to balance work with family life including:
Flexible working – from June 2014 all employees with 6 months service have the right to request flexible working. Flexible working encompasses any variant on working full-time from the employer’s premises such as:
- Part-time work
- Remote / Home working
- Job sharing
- Shift working
Under the new rules from June 2014 you must consider flexible working requests reasonably and within three months of receiving the request (including dealing with any appeal). An ACAS statutory code of practice on dealing with flexible working requests must be complied with. Employers wishing to turn down a flexible working request must be able to demonstrate one of eight ‘business grounds’ for refusal. Employees can complain to an Employment Tribunal for breaches of the flexible working regulations. Alternatively or in addition such employees may complain that a refusal to allow flexible working gives rise to a discrimination claim.
Family leave and pay – in the UK employees can take statutory leave (often with a statutory right to pay) in a variety of situations such as:
- (from April 2015) Shared Parental leave (with statutory Shared Parental pay)
- Maternity leave (with statutory maternity pay)
- Adoption leave (with statutory adoption pay)
- Paternity leave (with statutory paternity pay)
- Unpaid parental leave (under the Maternity and Parental Leave Regulations 1999)
In each case there are complex statutory rules regarding entitlement, notification and employment rights during family leave. Failure to correctly comply with the law can result in Employment Tribunal claims under the relevant legislation such as the Maternity and Parental Leave Regulations 1999 or other employment claims such as for discrimination or unfair constructive dismissal. We regularly advice our employer clients on these issues. By doing so they are able to minimise the chances of finding themselves defending expensive Employment Tribunal Claims related to family leave and pay rights.
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