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Few can fail to have noticed the UK government's strong commitment to achieving increased workplace rights for parents of young children. Ever since the publication in December 2000 of the Green Paper Work and Parents: Competitiveness and Choice, the government has made plain it's aim of improving choice for (and the rights of) those with young families, whilst at the same time enhancing business competitiveness. It remains to be seen whether all employers will share the government's confidence that increased business competitiveness and increased employee rights are mutually compatible objectives.
Government measures to help families cope with; the challenges of nuclear families, the high cost of childcare and the loss of income through redundancy or diminution in working hours following childbirth, are various. Whilst an increase in both tax credits and investment in childcare provision form part of the proposed way forward, it is the Employment Act 2002 (the Act) which enacts the core proposals from an employment perspective. Much of the detail is to be found in supporting Regulations. The Act and supporting Regulations amend the Employment Rights Act 1996.
A key date for working parents is 6 April 2003. This is in relation both to the right to apply for flexible working and also to entitlement to enhanced maternity, paternity and adoptive leave and pay. This article will summarize the key family friendly provisions in the Act and Regulations.
Flexible working
Parents of young children are given the new right, as of 6 April 2003, to request a variation to their contract of employment to allow for flexible working. There will not be an automatic right to work flexibly and tribunals will not be empowered to require an employer to agree to a request.
Eligibility
To request a contract variation an individual will have to be an employee with 26 weeks continuous service at the date of the application and be making the application. The individual must be the mother, father, adopter, guardian or foster parent of a child under 6 (or under 18 if the child is disabled), or a partner of such a person, living with the child and who has or expects to have responsibility for bringing up the child. Agency workers and members of the...