Employment Law Updates

Flexible Working to be Extended

From April 2009 the right to request flexible working arrangements will be extended to parents of children up to age 16.

The government has decided against a phased implementation (as some had predicted) because it would create "confusion for employers and staff".

Remember that the right to request flexible working is exactly that - a right to request. It is not a right to work flexibly. There are also strict eligibility requirements and only one request can be made in a 12-month period.

It might be a good idea to review existing Flexible Working policies now to ensure that the right policies and procedures are place, rather than waiting until next year.

While considering informal requests to work flexibly is fine, not having a consistent procedure which applies to all staff, can put an employer at risk of accusations of not creating an even playing field.

Agency Workers to get "Equal Rights"

New law is to be introduced to give agency workers the right to terms and conditions of employment comparable to those of permanent staff.

This surprise announcement came as the government, CBI and TUC reached agreement on a way forward following last week's announcement of the draft legislative programme for 2008-09.

While the details of the proposed legislation are not yet available, we do have an idea of the framework:

After 12 weeks in a given job there will be an entitlement to equal treatment.

"Equal treatment" will be defined to mean at least the basic working and employment conditions that would apply to the workers concerned if they had been recruited directly.

There is some small relief for employers as they won't have to make the same pension provision for their agency workers as they do for their permanent staff. Also, the arrangements will be reviewed after a suitable period to establish how they are working in practice.

The government will now consult with other governments in Europe to see whether it can reach agreement on the exact terms of the Directive.

The government hopes to introduce the legislation this Autumn. As ever, the devil will be in the detail but what is certain is that this announcement paves the way for an important extension of rights for a significant number of people within the labour force.

Pregnancy and Work: What you need to know as an employer

A six page summary produced by the Department for Business Enterprise and Regulatory Reform – no substitute for an up to date Maternity Leave policy, but a useful guide.

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