The Law on Flexible Working

5. Other Legislation

In general, the same legislation applies to employers offering flexible working patterns as to those adopting more conventional arrangements.

You should also take account of some specific forms of protection for employees working flexibly.

5.1 The employee is protected against dismissal or constructive dismissal under the flexible working rights.

It is unlawful to dismiss an employee because:

• They have applied to work flexibly and it has been granted.
• They have made or intend to make a complaint to an employment tribunal.
• In such a case, the 12 month qualifying period of employment is waived and dismissal will be classed as automatically unfair.

5.2 If you are making employees redundant, make sure this has nothing to do with their right to work flexibly.

• Employees are protected from dismissal on these grounds.

5.3 When implementing flexible working arrangements you will need to make sure you are not discriminating against the employees concerned.

• Under the part-time workers regulations,fixed term and part-time employees are entitled to be treated 'no less favourably' than their permanent, full-time colleagues.
• If you place a requirement on an employee to work full time, the employee may be able to make a claim against you for indirect discrimination or indirect marital discrimination under the Sex Discrimination Act. If the employee is caring for a disabled relative, the refusal may amount to disability discrimination. There is no ceiling on the amount of compensation that can be awarded in such cases.

5.4 People who work on annual hours or term-time contracts are protected by the working time and minimum wage regulations, just like full-time employees.

See Working time regulations.