Flexible Working

Overview

How to make flexible working a big plus for employers too

It’s true. Flexible working can bring huge benefits to employers as well as their employees. Provided it’s handled properly, and both employer and employee understand their rights and how to handle them.

As an employer, get your policy right and you’ll gain the following advantages

1. Retention of staff and knowledge
2. Saving of recruitment costs
3. Saving on training costs – and time
4. Less absenteeism
5. Improved employee satisfaction and motivation
6. Increased productivity and profits

… get your policy wrong and you fall foul of the law and you’ll demotivate [or lose] good staff.

Are you aware of your rights-as employer or employee?

Recent research shows that far too many individuals, as well as firms, are unaware of flexible working rights. How employers and employees deal with them is of crucial – and increasing – importance to both.

But there is very little published material available apart from statistics and official reports.

This specially commissioned report clarifies the law, sets out the rights of employer and employee and offers valuable practical advice on best practice. It also details a wealth of case studies illustrating the most recent decisions in critical new areas, many as yet not tried and tested.

It also explains how flexible working rights interact with The Sex Discrimination Act and The Disability Discrimination Act. There have been several cases where employees have based their case on a mixture of flexibility and discrimination.

It’s not just about women – it’s The Sandwich Generation

• Anyone responsible for the care of both their children and parents belongs to the ‘Sandwich Generation’ [as the EOP calls it].
• Flexible working affects everyone in the organisation, across all age groups. Men as much as women. 42% of all carers of older and disabled people are men.*
• There are now more over 60’s than under 16’s in the UK.
• In 2006, 45-59 year-olds formed the largest group in the UK labour force.
• Statistic from The Equal opportunities Commission [EOP]

Content

1 INTRODUCTION – BACKGROUND TO FLEXIBLE WORKING RIGHTS

• Suite of Rights
• Why was it implemented?
• Demographic changes
• The business case
• The European perspective
• Moving forward

2 STATUTORY FLEXIBLE WORKING RIGHTS

• Who is eligible?
• Parents/carers of children
• What can be requested?
• Form of request?
• Incomplete applications/outstanding information
• The procedural obligations
• Incomplete applications
• Meeting and response
• Right to be accompanied
• Unavailability of companion
• The companion’s rights
• Unavailability of the employer
• The meeting
• Responding to the request
• Right to appeal
• Failure to attend
• Extending the timetable – generally
• Grounds for refusal
• Complaints and remedies

3 PRACTICAL ISSUES AND COMMON CONCERNS

• Refusing a request
• Granting a request/any conditions
• Proposing an alternative
• Anticipatory requests for flexible working
• Consequential changes to the contract: salary and benefits
• Protection from detriment and dismissal
• Particular flexible working patterns
• What types of flexible working can be requested
• Annualised hours
• Home working
• IDS study on home working
• Part time/job share/compressed hours – rest breaks
• Term time working
• Further information

4 OTHER FLEXIBLE WORKING RIGHTS

• Cases
• Other rights – sex discrimination
• Why a discrimination claim?
• Sex discrimination remedies
• Other forms of discrimination
• Disability discrimination
• Age discrimination

5 BEST PRACTICE – KEY RECOMMENDATIONS

• Reviewing existing policies and procedures and introducing new work patterns
• Attitudes and behaviour
• The policy itself

6 FUTURE CHANGES

• Just a family thing
• Conclusion

APPENDICES

• Flexible working application form
• Summary flowchart of process

The author

Audrey Williams is a Partner in the Employment Team at Eversheds, with particular expertise in discrimination, harassment, equal pay and disability discrimination. The majority of her work is conducted on behalf of employers but she has also represented employees in a number of key discrimination cases. She is a regular contributor to professional journals and author of several books including Applying the Employment Act 2002 [Thorogood] and [co-author] Guide to contracts of employment [Croner] and Harassment at work [Jordans].

CPD

Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.

NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.

For more information see The Solicitors Regulation Authority

Certificate of completion

Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.