Flexible working: a guide

The application from the individual must

·        Be made in writing, stating that it is being made under the statutory right to apply for flexible working

·        The application must confirm the employee’s relationship to the child

·        The application must set out the employee’s proposal and explain what effect the employee thinks this will have on the employer’s business and how this may be dealt with

·        The application must specify a start date for the proposed change giving the employer reasonable time to consider the proposal and implement it

·        The application must state whether a previous application has been made and if so the date on which it was made

 

Employees should be aware that if approved, the variation in contractual terms is a permanent one and the employee has no automatic right to change back to their previous pattern of work (unless a trial period has been specifically agreed by both parties).

 

 

 

When considering the request, ask yourself the following questions to make sure you have thought about every aspect of the proposal.  Just because something has previously ‘not been the norm’, it doesn’t mean it wouldn’t or couldn’t work now and in the future. ‘Thinking outside of the box’ could enable you to turn a request into a positive opportunity for your business.

 

·                   Do the Employee’s proposed hours fit in with the tasks outlined in the role?

·                   If not, could the tasks be divided up differently?

·                   Could you re-allocate some of the work to another team member?

·                   What will be the impact on customers of this change – could it be used to our customers’ advantage?

·                   Is there a compromise that could be reached that will satisfy the individual’s requirements as well as the company’s objectives?

 

·                   How will the new arrangements be supervised and performance measured? Ensure outputs can be measured where possible and not the number of hours worked – set clear objectives and measure quality of service/work. Obtain & give feedback regularly.

·                   Will the long-term benefits outweigh the short-term costs of implementing the change?

·                   Will there be any Health and Safety considerations? (For example, a Health and Safety Workstation assessment will need to be completed for those working from home).

 

·                   Advise other team members of the change

·                   Ensure flexible workers remain informed and arrange for all important information to be forwarded onto them

·                   Involved flexible workers in all aspects of team-working

·                   Consider offering flexible working to those not covered by the Flexible Working regulations – this will help to combat any resentment from those employees who may have non-parental reasons for wanting to work flexibly (studying, outside interests, voluntary work, caring for other relatives etc)

                       Job sharing normally consists of two individuals sharing a full-time position (in varying proportions ie 50/50 or 60/40 etc, however they should have separate employment contracts stating the agreed hours to be worked accordingly. Many arrangements allow for some overlap to ensure sufficient communication / handover. With notice, some job share individuals will be happy to cover their “partner’s” absences eg providing holiday cover etc without the need to source additional temporary support in such cases. Job sharing may come about by two current employees agreeing to share a role, or by a previously full-time employee wishing to reduce their hours and the employer agreeing to advertise the rest of the role as a job share position. Whilst there may be some additional costs incurred (due to some overlap of hours for handover purposes, some benefits not able to be pro-rated eg Private Medical Insurance etc), most job share arrangements once established offer the employer increased flexibility and the benefit of higher morale & commitment. Whilst managing two individuals rather than one may sound onerous, their different skills / work style preferences may well complement each other well to provide you as the employer a wider array of skills and abilities.

                      Home Working can often be an ideal solution for companies wishing to implement office/desk sharing thus saving in overhead costs. Furthermore, certain duties / aspects of a role can be carried out very productively from home – with no office distractions or interruptions. Whilst historically there have been concerns about how to manage employees remotely, many companies now measure success on outputs / quality of work & have found that some home working can be extremely productive. It may be worth reviewing your approach to Appraisals and criteria for measuring performance – remember just because someone is located in the office where you can ‘supervise’ them, it doesn’t mean they’re more productive than someone working from home with specific duties / tasks to perform. A Workstation Assessment should be carried out to ensure compliance with Health & Safety regulations and consideration needs to be given to confidentiality of information being accessed from home – but these issues are easily overcome and can be outweighed by cost savings and increased productivity, as well as higher employee motivation & commitment.

                      Preventing resentment amongst staff who are not covered by this legislation can be a perceived challenge for some employers. One of the best ways to overcome this is by opening up the opportunity to request flexible working to all employees. Whilst the concept sounds appealing, you will likely find that many employees choose not to request flexible working. Ideas such as enabling occasional home working on certain types of work, extended unpaid leave during quieter business periods, staggered start and finish times can all be turned into business benefits offering customers more flexibility and higher productivity & cost savings for the employer.

 

Any refusal will need to be made to the application in writing.  You will need to give a valid legitimate business reason if you are going to refuse the request, and you will need to think about your reasons carefully. Applications for flexible working arrangements can be refused only for the following reasons:

 

• The additional costs will impose a burden.

• Agreeing to the request will have a detrimental effect on ability to

• Inability to re-organise work among existing staff.

• Inability to recruit additional staff.

• Agreeing to the request will have a detrimental impact on quality 

• There is insufficient work during the periods the employee 

• There are planned structural changes.

The reason needs to be detailed clearly in the letter, along with the Appeals Procedure.

 

Failure to follow the guidelines could lead to a claim - the time limit for bringing a claim to an employment tribunal is three months from the date the employee is notified of the decision on appeal or breach of this procedure.

 

If the claim is successful, the tribunal may order the employer to reconsider the request and award maximum compensation of eight weeks’ pay (currently capped at £330 per week from 1 February 2008).

Should you require an HR Consultant’s assistance on this or other HR matters, please contact Jane Barclay at Barclay Boland HR.