Removing the term "presumptions of approval" which some respondents felt was misleading in applicants believing their approval was almost certain, but emphasising the importance of careful examination of requests and the fact that they can be rejected only on the basis set out in legislation/justifiable reasons for rejection. Respondents identified six common themes which they would like to see in the accompanying good practice guidance: o how to handle multiple requests, prioritisation issues and being fair o avoiding discrimination in deciding a request o providing an explanation of the business reasons that are to be considered in requests - what do they mean, with examples o refusing a request and giving how much information to divulge o appeals against refusal and guidance on managing this process o how to use trial periods and reviews after agreeing a change to check out if a flexible working request is feasible. It is intended that the right to work flexibly will be introduced as part of the Children and Families Bill which is expected to receive royal assent by the end of January 2014. The new Code of Practice will then be brought in, hopefully by April 2014.
Children and Families Act 2014 approved by Parliament
19 March 2014
Shared Parental Leave and extending the right to request flexible working to all employees are two of the measures brought in under the Act to help individuals balance their work, home and family life. From April 2015, mothers, fathers and adopters can opt to share parental leave around their child’s birth or placement. This gives families more choice over taking leave in the first year - dads and mothers’ partners can take up to a year or parents can take several months at the same time.
From 1 October 2014, prospective fathers or a mother’s partner can take time off to attend up to 2 antenatal appointments.
Adoption leave and pay will reflect entitlements available to birth parents from April 2015 - no qualifying period for leave; enhanced pay to 90% of salary for the first 6 weeks; and time off to attend introductory appointments. Intended parents in surrogacy and ‘foster to adopt’ arrangements will also qualify for adoption leave and pay. From 30 June 2014, the right to request flexible working will be extended to all employees. The current statutory procedure, through which employers consider flexible working requests, will be replaced with a duty on employers to consider with requests in a ‘reasonable’ manner.
Further information:
Overview of the Children and Families Act Video ‘Children and Families Bill: a look back’ Children and Families Act 2014
General Employment Law News
CIPP Policy News Journal
16/04/2014, Page 74 of 519
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