Practical Advice on Flexible Working
Employees with children under six, or disabled children under eighteen have had the right to ask for flexible working since 2003. From April 2007, this right will be extended to carers of adults. This will cover employees who care for their spouse or partner or for someone who is a near relative of the employee, or someone who lives at the same address as the employee. Near relatives can include in-laws, uncles and aunts, and step-relatives.
The DTI estimate that a further 1.4 million employees will become eligible to request flexible working once the new regulations come in to force.
Following on from our overview article last month, HR Advantage consultant Vicky Newton Wright provides more detailed information on what to do if an employee requests flexible working:
What is flexible working?
The term 'flexible working' covers flexibility in terms of both time and location. Examples of the most common types of flexible working include
- Part time working
- Flexi time
- Staggered hours - workers have different start and finish times
- Job sharing
- Compressed working hours - workers cover their full hours in fewer days
- Working from home
What procedures must be followed?
The employee should:
- Make their case in full, in writing
- Explain how the change will affect your business and how the change can be accomodated.
The employer should:
- Call a meeting to discuss the application
- Inform employees in writing whether the application has been accepted
- Be able to justify any refusal
- Give employees the right to appeal against the decision
- Call a meeting to discuss the appeal
- Notify employees of the decision after the appeal.
Failure to follow these procedures could give rise to the employee making a claim before an employment tribunal.
Employers should make sure that they have a procedure in place to deal with requests for flexible working. Whilst there is no automatic right for an employee to be granted their request, they do have the right to have it considered thoroughly and fairly. Many employers have found that implementing flexible working has lead to a much happier, more productive work force, so the best response to recieving a request is to think postively about what can be agreed rather than to find reasons why it should be rejected.
For more information or to discuss any queries or concerns, contact Vicky on 01494 451681 or email vicky@hradvantage.co.uk. View last month's article on our website at http://www.hradvantage.co.uk/news/141.aspx.
February/March 2007
