Until recently there was a possibility that employers could fall foul of the Sex Discrimination laws if they refused to consider a full time employees request to return to part-time following maternity leave. This is still the case but more specific legislation concerning Flexible Working has been introduced and the client would be advised to follow the procedure available from our website.

Basically an employee with 26weeks or more service has the right to request (in writing) and have her request considered for changes in hours, times and place of work where such changes facilitate the care of a child (men or women can apply) under the age of 6. Employers have to consider such requests and arrange to meet within 28 days and thereafter respond within 14 days. The employee can appeal against a failed application within 14 days.

Employers have the right to refuse such requests but only under certain grounds:

• Additional costs
• Effect upon customer demand
• Inability to reorganize existing staff
• Inability to recruit
• Detrimental impact on performance
• Insufficiency of work during the hours requested.
• Planned structural changes

The client would be advised to carry out an evaluation and to draw their conclusion. There are other considerations and you would be recommended to follow a written procedure which deals with these. Penalties are, initially a max of £520, and £2080 if employer fails to do as ordered by the Tribunal.