The right to request a flexible working arrangement for caring purposes (flexible working) was introduced by the Work Life Balance and Miscellaneous Provisions Act 2023. Flexible working is a working arrangement where an employee’s working hours or working patterns are adjusted. This can include remote working arrangements, flexible working schedules or reduced working hours.
Flexible working can enable an employee to better manage work and home commitments. This should aid in retaining employees and improve their overall quality of life.
Who is entitled to request flexible working for caring purposes?
To be eligible to request flexible working under the 2023 Act, an employee must be:
- A parent or certain persons acting in place of a parent, of a child under 12, or under 16 if the child has a disability or illness, who will be providing care to that child, or
- Providing personal care or support to another specified person, i.e. the employee’s child, spouse, civil partner, cohabitant, parent, grandparent, sibling or other person who resides with the employee. That person must also require significant care or support for a serious medical reason.
Under the 2023 Act, an employee can make a request for flexible working from their first day at a new job. However, they must be in continuous employment with the same employer for at least six months before an approved arrangement can start. The employer may waive this requirement if it wishes.
Employees must submit their request in writing as soon as practicably possible and at least eight weeks in advance of the proposed start date.
What does this mean for employers?
An employer must respond to a request for flexible working for caring purposes as soon as practicably possible. However, the response must be given not later than four weeks after receipt of the request. If an employer experiences difficulty assessing the viability of the request, they can extend the fourweek period for a further period no longer than eight weeks.
According to the Workplace Relations Commission’s Code of Practice for Employers and Employees on the Right to Request Flexible Working and Right to Request Remote Working, an employer must consider requests in an objective, fair and reasonable manner.
When considering a request, the employer should consider:
- The needs of the business
- The needs of the employee, and
- Various other considerations provided for in the Code of Practice
Flexible working for caring purposes arrangements must be documented by a signed agreement.
An employer may terminate a flexible working arrangement in certain circumstances, including where the arrangement is having an adverse effect on the business.
Employees do not have an automatic right to flexible working for caring purposes. However, employers must consider and respond to such requests from employees in line with the Code of Practice. Where an employer fails to properly consider a statutory request for flexible working for caring purposes, employees may be awarded compensation of up to 20 weeks’ remuneration by the Workplace Relations Commission.
The content of this article is provided for information purposes only and does not constitute legal or other advice.