Out-Law / Your Daily Need-To-Know

More employees are aware of their right to request working flexible hours, according to new statistics released by the Department of Trade and Industry (DTI) this week – and the findings suggest that legislation doesn't always need the threat of legal action.

The DTI's Second Flexible Working Employee Survey 2005 found that nearly 65% of the UK workforce were aware of their right to request flexible working, compared to 41% in 2003.

Under legislation introduced in April 2003, employers have a duty to consider employee requests for flexible working against the needs of the business as a whole. This survey was carried out by the DTI to monitor the changes in awareness and take-up of the right to request flexible working from that legislation.

The study showed nearly a quarter of working parents with young children have asked to work flexibly over the past two years, while 14% of all employees made such a request.

The statistics also show that employers had accepted 81% of all requests by employees to work flexibly, compared to 77% in 2003.

Emma Grossmith, an employment law specialist with Pinsent Masons, the law firm behind OUT-LAW.COM, commented:

"The survey provides yet more evidence that the flexible working legislation has managed to achieve its aims by simply encouraging employees to talk and employers to listen, rather than just by threatening employers with legal claims if they fail to comply."

Grossmith added that "the success of this legislation bodes well for the government's plans for new laws outlawing age discrimination." The Government has indicated that these plans, due to be published next year, will follow a similar format to the flexible working legislation.

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