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New figures, obtained by the Chartered Institute of Personnel and Development (CIPD) under a Freedom of Information request, show that out of a total 218,100 employment tribunal claims in 2010/11, just 277 alleged that employers had failed to observe flexible working regulations. The majority of these claims (229) were successfully conciliated by ACAS or settled out of court and, of the 48 that actually reached tribunal, just 10 were successful.
Mike Emmott, employee relations adviser at CIPD, comments:
“These figures are hardly calculated to keep employers awake at night. They demonstrate beyond any doubt that the fears expressed about the impact of extending the right to request flexible working are grossly exaggerated. The right to request is not a burden on business but an example of ‘light-touch’ regulation that is more likely to support - rather than inhibit - business performance.”
The CIPD is urging Government to stick to its current implementation timetable for extending the right to request flexible working to all employees and refrain from extending the three year moratorium that exempts micro businesses from new employment legislation.