Statutory guidelines applicable to the UK require that in order to be eligible to apply for Flexible Working under the Flexible Working legislation, that you have not made a request in the last 12 months…. Therefore technically the company does not have to consider any application you make until Aug 08.
The ‘blanket’ statement you refer to that the company cannot accommodate Flexible Working at this time sounds highly unusual – whilst they may find it difficult to accommodate requests, the legislation requires that a statutory process is followed and this means each individual request appropriately submitted must be considered.
Without seeing the whole handbook it is not possible for me to say if the company is acting unlawfully currently, so I would therefore recommend that you contact ACAS (Advisory, Conciliation and Arbitration Service – 08457 474747) or the Citizens Advice Bureau (CAB) or even a solicitor who can advise you accordingly.
Assuming you do ultimately submit a request in writing, ensure that you clarify exactly how your childcare will work on your day working from home, and include the positive benefits for employers in terms of flexible working. Employers can sometimes be reluctant to agree to homeworking due to the costs and initial time required to get an employee set up to work from home - it requires purchase of laptop, printers etc, maintenance of broadband connection and the need for regular health & safety checks.
On top of this there is a cultural implication if not all staff are not present at work and concerns that they’re not fully attentive whilst at home. This can affect morale for those colleagues permanently working in the office as well as those working from home, although you say some employees already have flexible working in place.
Unfortunately, it’s not possible to draw comparisons with employees in different countries as territory specific employment law will prevail. On the positive side, companies can benefit from saving on desk space in the office and usually an increase in productivity since the employee is not spending time travelling to and from work. Also, employee retention may increase as staff remain at your organisation so you save on recruitment costs and time taken training new staff.
While every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitue for specific legal advice.
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