Thackray Williams

In November 2007, the Government announced its intention to extend flexible working rights to parents with children older than 6. Following this announcement Imelda Walsh, HR Director of J Sainsbury plc, was commissioned to undertake an independent review into the extension of the right to request flexible working and to make recommendations.

Imelda Walsh published her report on 15 May 2008 recommending that:

• the right to request flexible working is extended to those with parental responsibility for children up to the age of 16; and  the extension of the right should not be phased in, but implemented in one go.

Ms Walsh did seek views on extending the right to those with parental responsibility for children aged 18 or under. She concluded however that there ‘would be more support and understanding’ if the cut off age was 16.

Under the current legislation an individual does not have the Right to Request flexible working until they have worked for their employer for at least 26 weeks. Ms Walsh rejects the suggestion that the qualifying period of 26 weeks should be removed and she thinks that the employer and employee need a shared understanding of the role and what is feasible when considering flexible working.

It has been anticipated that the proposed enhancements to flexible working will hit the smaller employer the hardest. Ms Walsh has however rejected the suggestion that there should be an exemption for small firms, primarily because it is only a right to request but also because current evidence shows that the system is working well for small employer.

In reality, many employees only want to work flexibly for a short period, to deal with a particular demand on their time. Nevertheless this is an important change for working parents.

For more information on the right to request flexible working or any other employment related issue please contact Victoria Wright at victoria.wright@thackraywilliams.com Telephone: 0208 290 0440