Legal question about my employer

#1
I have recently looked at applying for a family friendly working policy at my civilian job. I meet all the criteria set out in the flexible working policy but at the end it says " applicants must not be agency workers or MEMBERS OF THE ARMED FORCES" Can they actually do that? The company knew I was a member of the TA when I was employed, I have never hidden my commitment nor asked for time off for training. I have used my holidays and/or changed shifts to accomodate my training. I have the SABRE helpline number but obviously shut until monday! Any help much appreciated!
 
#2
allie5 said:
I have recently looked at applying for a family friendly working policy at my civilian job. I meet all the criteria set out in the flexible working policy but at the end it says " applicants must not be agency workers or MEMBERS OF THE ARMED FORCES" Can they actually do that? The company knew I was a member of the TA when I was employed, I have never hidden my commitment nor asked for time off for training. I have used my holidays and/or changed shifts to accomodate my training. I have the SABRE helpline number but obviously shut until monday! Any help much appreciated!
can you give us the full context that line was used.
 
#3
It is a standard clause.

For example from the PCSU website, regarding Family Friendly Working Practices:
Your rights

As an employer with a child aged under 6 (under 16 from April 2009), or a disabled child aged under 18 or if you fit the definition of a carer you have the rights to :

* Ask to work flexibly
* Have your application considered in accordance with the set procedure
* Be accompanied by a companion at the employer meeting
* Be refused your request only if there is a clear business ground for refusal
* Have a written explanation of the grounds for refusal
* Appeal against the employer’s decision.
* Take a complaint to a tribunal if the proper procedures have not been followed
* Take a sex discrimination claim to a tribunal in certain circumstances if a request is refused unreasonably
* To be protected from detriment or dismissal for making an application under the right.
Your employer has the right to:

* Reject an application when the desired working pattern cannot be accommodated within the needs of the business
* To seek agreement to extend timescales where appropriate
* To consider an application to be withdrawn in certain circumstances

In order to have the right to make a request you will need to meet the following criteria:

* Be an employee
* Have a child under six, under eighteen if the child is disabled, or be a carer of someone in the categories listed above
* Have worked with your employer continuously for 26 weeks at the date the application is made
* Have or expect to have responsibility for the child’s upbringing or the adult’s care
* Make an application in order to enable you to care for the person identified
* Not be an agency worker or a member of the armed forces
* Not have made another application under the right during the previous twelve months

Remember, these are the formal legal requirements, PCS may well have negotiated a more generous system with your employer where all employees are permitted to apply to work flexibly, or there may be less formal structures in place.

Ref: Flexible Working Rights
 
#4
Gremlin said:
In order to have the right to make a request you will need to meet the following criteria:


* Not be an agency worker or a member of the armed forces
Is this not refering to regular members of the armed forces rather than the TA working in a civvie job?
 
#5
stacker1 said:
Is this not refering to regular members of the armed forces rather than the TA working in a civvie job?
I did wonder about that, as the directive does not apply to The Forces. However reading between the lines, and taking the full article (see link) in its context, I would say that this was a direct reference to The Reserves; but I stand to be corrected on that one!
 
#6
Having had a look at the legislation (Employment Act 2002 amending the Employment Rights Act 1996) - I am fairly sure it means that members of the Forces (Regular or Reserve) cannot ask the Services for flexible working.

(a) applies to service as a member of the naval, military or air forces of the Crown but subject to the following provisions of this section, and

(b) applies to employment by an association established for the purposes of Part XI of the [1996 c. 14.] Reserve Forces Act 1996.
I can't see that this has any bearing on your ability, as a member of the TA, to ask your civvie employer for flexible working - the PCS and ACAS language simplifies the legal language - which excludes employment as a soldier etc rather than employment not by the Crown while you just happen to be a soldier. So, for example, a reg with a legit 2nd job could ask for flexible working in that role, as well.
 
#7
Idrach is right, for the right reasons. I'll just rephrase what he said, for kicks.

The exclusion of members of the Armed Forces applies to them with regard to their employment by the MOD. It means members of the Armed Forces have no legal right to request that the MOD grants them flexible working.

It does not apply to the civilian employment relationship between a TA soldier and their civilian employer.

So if allie5 makes the request, his/her employer has a duty to consider it.

Note that even members of the Armed Forces can ask the MOD to consider flexible working: it's just that there is no legal duty on the MOD to consider the request.
 
Thread starter Similar threads Forum Replies Date
massivegeoff Officers 9
shamrock The Intelligence Cell 18
Ho2331 The Intelligence Cell 75

Similar threads

Latest Threads