PART 1: DATES, DEFINITIONS AND OBLIGATIONS
only one application a year), the employer had to, within 28 days, arrange to meet with the employee to discuss the application in depth, and consider how best it might be accommodated.
Within 14 days after the date of the meeting the employer had to either: • confirm to the employee the agreed new work pattern and start date (not necessarily in writing; or • provide clear and reasoned applicable business grounds as to why the application cannot be accepted. Business grounds for refusal may be that the proposal would: • be too costly, damaging to customer service, product quality or performance • not fit into planned structural change in the business or impractical as work cannot be relocated • not be feasible as no additional recruitment could be undertaken or there is insufficient work during employee’s preferred working hours. COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS This process was replaced, on 30 June 2014, with a new requirement that the employer should act reasonably when a formal request for flexible working is made. Right of appeal The employee has the right to appeal their employer’s decision within 14 days of it being notified to them. A further meeting must then be arranged within 14 days followed by a final decision to be determined within a further 14 days. The employee has the right to be accompanied at each meeting as defined in the Employment Rights Act 1996. Remedies at a Tribunal may be a maximum of eight weeks’ pay plus an additional two weeks’ pay where the right to be accompanied has been denied. GENDER RECOGNITION ACT Since 4th April 2005 transsexual people have had the right under the Gender Recognition Act 2004 to change their recorded gender and in so doing take on the rights and responsibilities of their newly acquired gender. Employers are required to take action on production of a Full Gender Recognition Certificate. Employees who produce an interim Gender Recognition Certificate should be told that no action in respect of PAYE or NICs will be taken until the Full Certificate is issued. On receipt of a Full Gender Certificate the employer must amend their records to show the acquired gender, the title the employee has chosen and operate PAYE and NICs reflected by the acquired gender. There are now very few circumstances where payroll processes would have to change, for example both male and female employees change NICs catagories at the same time; however, until the right of a female employee to pay reduced rate NICs ends, a transsexual male on NICs category B would be required to move to category A from the date on the certificate. Employers are not required to backdate any changes to before the date on the No rinti g, copying or reproduction permitted. An accepted application will result in a permanent change to the employee’s terms and conditions of employment.
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