Alan Lewis, Head of Employment at Linder Myers Solicitors

Member Article

One in five working mums refused flexible working

According to the findings of the Workingmums Annual Survey, almost 20% of working mothers have been forced to leave their jobs because their request for flexible working has been denied.

In addition to flexible working hours, other barriers highlighted as hindering their career progression and development included the high cost of childcare. The survey of 2,000 women reported that half of mothers currently on maternity leave believe high childcare costs could inhibit them from returning to work.

The founder of Workingmums.co.uk, Gillian Nissim, commented: “When I founded Workingmums.co.uk 10 years ago, it was difficult to find flexible new jobs and many women who were working flexibly felt their careers had been side-lined. We’ve come a long way and many now see the huge business benefits of creating a more family friendly workforce.

“But there is still more to be done to create the kind of workplaces that work for people who need flexibility, for whatever reason. That means encouraging and supporting employers to implement flexible working so that they do not lose employees who typically have years of experience in their roles.“

The research also discovered that half of the respondents on maternity leave did not discuss their flexible working needs before leaving, while a quarter revealed their flexible working requests had been turned down. Workingmums has vowed to campaign for the increased education of mothers in employment on their rights and responsibilities under the law.

Alan Lewis, Head of Employment at Linder Myers Solicitors comments: “Employers are obligated to give the request for flexible working careful consideration, weighing up the needs of the business with your childcare responsibilities.

Your employer is legally bound to respond with a decision within three months of receiving the request in writing unless you have agreed an extension between you. If their decision is to reject the suggested changes to your working pattern, your employer must align this to one of the eight strictly prescribed reasons set out by the Employment Rights Act 1996, otherwise you will have the right to pursue a claim to the Employment Tribunal. Perhaps more significantly, if your employer cannot objectively justify its refusal of a flexible working request, you may also have a claim for sex discrimination.“

Should you be an employee seeking advice on the matters of flexible working hours, maternity leave or discrimination, please do not hesitate to contact Alan Lewis of Linder Myers Solicitors on 0161 837 6807, or enquiries@lindermyers.co.uk.

This was posted in Bdaily's Members' News section by Linder Myers Solicitors .

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