Flexible Working Hours

I found this on another site and I'm wondering on the legalities of this, is it discrimination ?
This is the query:

The company i work for has recently introduced flexible working hours, yippee I thought. Then I was told it was only for people who had children I was so hacked off that I almost told them where to stuff their job there and then but I manged to stop myself. Needless to say i am now looking elsewhere, I can't be doing with all this. I hasten to add nearly everyone there has children, it's just me and another chap who don't.

I am sad and dissapointed as I actually quite liked my job at one point but they are introducing things that are making me hate it, I don't look forward to going into the office at all now.

[Tools]

Re: Flexible Working Hours

Not sure, but if it isn't it should be.

[Happyolddog]

Re: Flexible Working Hours

I would class it as discrimination, they can't have a rule for one and not the other. Tell them you want fairness all round not just for parents.

[strugglingmum]

Re: Flexible Working Hours

Ok, I work in recruitment and we had this issue discussion last week with our HR department and I was told that there is no automatic right to flexi time just a right to be considered. We have to be aware of any legislation etc that deals with employment purely because of being in the industry I'm in.

To be considered is at the discretion of the company and is usually based upon the following factors


You must be a parent or legal guardian or married to the parent or legal guardian
Have a child under 6 or a child with disabilities
Have been employed with the company for at least 6 months

This is what we were told was the criteria, I have no idea of the legalities or correctness of it x

[natweststaffmember]

Re: Flexible Working Hours

Flexible working and work-life balance : Directgov - Employment

Do you have the statutory right to request flexible working? : Directgov - Employment interactive tools

Flexible working: making an application : Directgov - Employment

Flexible working - the law and best practice | Business Link

[Amy]

Re: Flexible Working Hours

Why does he need flexible working hours if he doesn't have children?

He sounds like the kind of person who would insist on a wheelchair ramp being fitted despite the fact that he has full use of his legs.

[Sapphire]

Re: Flexible Working Hours

Surely the point is that if a company is offering flexible working hours, then it should be for ALL of the staff whether or not they have children or not, because IF they are saying its for people with children then it discrimination against those without children or am I getting the wrong end of the stick.

Anyways I thought I'd post this up as it not only looks like a good debate, I think it could raise issues of discrimination apart from the old ones of sexual, religion, age and so on.

[Paule]

Re: Flexible Working Hours

I am currently in the process of applying to change my work pattern due to working families.
It is now part of the employment act or other, and part of this, is the fact you have to be caring for a child under 6 or a disabled child.

Without the full info of EXACTLY what their company is offering its hard to comment.

I have all the docs and forms on this if anyone wants them

[strugglingmum]

Re: Flexible Working Hours

I think it doesn't fall into discrimination because 'everbody has the right to be considered for it' but you have to qualify for it as mentioned. A bit like Maternity etc, you could say 'X has chosen not to have children but still wants equal time off as his colleague who has just taken maternity leave'

The point behind flexi time is to take into account those people that have children often have no choice but to take time off work and previously were discriminated against in the workplace simply because of this. With the right to apply for flexi time the employer looks at all the circumstances and then it at the employers discretion.

We often discuss topics like this at work and have to advise clients how they cannot discriminate (they simply aren't aware) and we have been asked to not interview anyone under a certain age by a client to make sure that person doesn't have school age children and so on. I take great pleasure in telling those clients to go elsewhere :tinysmile_grin_t:

[Amy]

Re: Flexible Working Hours

Some people don't have jobs at all. He should think about that.

He wouldn't be so upset if the new rules only applied to him and the other person that don't have children would he.

[Paule]

Re: Flexible Working Hours

Info from BERR

Note to the employee

You can use this form to make an application to work flexibly under the right provided in law to help eligible employees care for their children or for an adult. Before completing this form, you should first read the Guidance on the right to request flexible working on BERR’s website, and check that you are eligible to make a request.


You should note that under the right it may take up to 14 weeks to consider a request before it can be implemented and possibly longer where difficulties arise. You should therefore ensure that you submit your application to the appropriate person well in advance of the date you wish the request to take effect.


It will help your employer to consider your request if you provide as much information as you can about your desired working pattern. It is important that you complete all the questions as otherwise your application may not be valid. When completing sections 3 & 4, think about what effect your change in working pattern will have both on the work that you do and on your colleagues. Once you have completed the form, you should immediately forward it to your employer (you might want to keep a copy for your own records). Your employer will then have 28 days after the day your application is received in which to arrange a meeting with you to discuss your request. If the request is granted, this will normally be a permanent change to your terms and conditions unless otherwise agreed.


Note to the employer



This is a formal application made under the legal right to apply for flexible working and the duty on employers to consider applications seriously. You have 28 days after the day you received this application in which to either agree to the request or arrange a meeting with your employee to discuss their request.


You should confirm receipt of this application using the attached confirmation slip.