The importance of considering flexible working patterns hit the news earlier this month in a dramatic turn of events on TV show The Apprentice. One of the contestants was forced to drop out, turning down a place in the final, due to childcare difficulties. Media commentary suggested that the approach taken in the programme, if mirrored in a real interview, could have been discriminatory. The candidate should perhaps have prepared herself to take more advantage of her potential legal rights.
Flexible working legislation was introduced in 2003 and since then almost a quarter of all eligible parents have made requests under the legislation. The legislation has been perceived by employers and employees alike as a resounding success with surveys showing that it has had a positive impact on employee retention, motivation and recruitment. To date, there has been relatively little case law, with such cases as have been reported tending to focus on the grounds for refusal of the request. Given that the compensation available for breach of the legislation is capped at just under £2,500, it is unsurprising that there are not more employees bringing claims for breach of the right to request. Instead, employers who refuse requests, or who fail to adequately justify their refusal of a request, typically face claims for unlimited compensation under the Sex Discrimination Act 1975. Little wonder then that employers have sat up and taken notice of their flexible working obligations.
