Government consults on extension of flexible working rights

Currently only parents of children up to the age of six or those caring for disabled children up to the age of 18 can request flexible working.

Though they do not have to accept them, employers must consider seriously any requests for flexible working from qualifying parents.

The Government commissioned Sainsbury's director of human resources Imelda Walsh to conduct a review into the issue and make recommendations. She found that the age of children whose parents can make requests should be raised to 16 and that this should be done in a single step, not in stages.

She also found that businesses needed more information and guidance on the procedures related to flexible working and that more people needed to know about their rights.

The Government has said that it wants to act on those recommendations and has announced a consultation on them with industry that will last until 18 November 2008.

"The right to request flexible working has worked well because it helps employees to balance their home and work lives, but at the same time gives employers the right to say no where there are legitimate business concerns," said employment relations minister Pat McFadden.

"Parenting requirements don't end as children get older. We think it is right to extend this successful scheme and help parents of older children access to the flexibility they need."

The consultation is also seeking companies' views on whether the requirement to send written acceptance of an employee's request should be scrapped. The Government still proposes to force employers to send written rejections of requests.

Walsh said in her study that she had found that employers as well as employees benefitted from flexible working programmes.

"Access to flexible working programmes has made an important difference to millions of employees," she said. "Many employers recognise that flexible working improves retention and some acknowledge additional productivity benefits too."

The Government proposal does not restrict flexible working to the ages specified and Walsh said in her study that many employers found it beneficial to operate more wide-ranging policies. She stopped short of recommending that the law force employers to widen the scope past the parents of 16 year olds, though.

"I have listened to many stories of the positive benefits of 'open to all' flexible working policies in both large and small employers," she said. "I would encourage all employers, when looking at flexible working arrangements, to consider including all employees, but I do not share the view that Government should legislate to make this approach compulsory. The choice of going beyond the legislation should be left to employers."