BUSINESSES approached by employees for flexible working arrangements should take heed of a recent landmark case, a law firm has warned.

The Employment Appeal Tribunal recently rejected British Airways' (BA) appeal against its refusal to allow one of its pilots, Jessica Starmer, to work part-time so she could look after her one-year-old daughter.

Ms Starmer claimed indirect sex discrimination against the airline and told the tribunal that BA's "family-unfriendly working practices" reinforced male-dominated traditions.

Nick Poole, partner at Darlington law firm Latimer Hinks, said anyone - male or female - with parental responsibility for a child up to the age of six, or 18 in the case of a disabled child, had the right to apply for flexible working hours.

He said the employer must consider such a request seriously, in accordance with a set procedure, and should only refuse a request where there were clear business grounds for doing so. However, following the BA ruling, Mr Poole said that employers should now proceed more cautiously when considering requests.

"First, employers must ensure they follow the correct procedure," he said.

"The initial onus is on the employee to prepare a carefully thought-out application well in advance of when they would like the new working pattern to come into effect.

"The employer then has to arrange a meeting with the employee to discuss the application and ensure both parties understand each other's points of view.

"Although the employer has the right to reject an application when the desired working pattern cannot be accommodated within the needs of the business, they must consider the request seriously and make sure the grounds for refusal are solid.

"The right for employees to request flexible working and the duty on employers to consider requests seriously is one of a package of rights designed to help parents balance their work commitments with their child care responsibilities. Although relatively few refused applications have ended up before the employment tribunal, I expect the number of claims to increase as more employees become aware of their rights."