• Newsletter Subscription
• News
• Events
• Newsletter Archive
• E-Magazines
• E-Bulletins

Flexible Working - What is an employee entitled to?

30 July 2008

Flexible Working- What is an employee entitled to?

Many of you may have read or heard in the national news that the right to request flexible working is to be extended to about 4.5 million parents of children aged up to 16. The right has not yet been extended and is not expected to come into force until April 2009.

The current law introduces a “right to request” procedure for employees. To qualify they must:

• have 26 weeks continuous employment at the date the application is made
• be making the request in relation to a child under 6 years old (or 18 years old if the child is disabled) or care for an adult.( recent extension April 2007)

Many Employers now have a policy which goes beyond their statutory obligation and allows all employees to make a flexible working request. They report positive outcomes in terms of staff motivation, retention and morale. It also makes them less vulnerable to sexual discrimination claims made particularly by women who do not qualify and have had their requests rejected.
 
What can employees’ ask for?

• A change to hours worked;
• A change to times of work;
• To work from a different location (for example from home).

The law does not afford a right to the employee to switch to part-time or other flexible working arrangements only to make the request. That said, an employer has an obligation to consider an employee’s request and must follow certain procedural requirements. Employers can only turn down requests by reference to certain specified business grounds, including a detrimental effect on the ability to meet customer demand or inability to reorganise work or recruit additional staff

What many Employers fail to realise is that if a change to working practice is agreed then the new work pattern will be a contractual variation to the employee's employment and will be permanent. An Employer cannot unilaterally change this. Therefore a change back to the earlier working pattern would require an employee’s consent. The strict time limits during which Employer’s have to consider  requests does not leave enough time for a trial period. It is however good practice to review the new working pattern with the employee to ensure that it is working as expected and meets the needs of both employer and employee. It is possible that practical issues may arise and an open and pragmatic approach may well cure any "teething troubles", but both the employer and employee need to bear in mind that it may be very difficult to address any further changes through any formal legal route without the cooperation of the other party.

If the employee now becomes a part-time worker the employer will also need to consider the additional statutory protection against any detriment which part-time employees enjoy.

Top Tips to Employers for Handling Flexible Working Requests

• Follow the statutory procedure
• Demonstrate serious consideration of the request
• Start from a "positive" perspective, seeking to overcome potential issues
• Consider alternatives, rather than only the initial request
• Ensure consistency
• Consider your organisation's policy on dealing with requests from those employees not strictly eligible  under the statutory procedure
• Explain your decision and the reasons fully and clearly
• Maintain records
• Consider carefully whether a role can or cannot be performed flexibly and whether that belief is justifiable

Latest Events

• 
• December 2008
•