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| Industry News |
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NO RIGHT TO WORK FLEXIBLY
May 2009
It's estimated that around ten million employees now have the statutory right to request a flexible working pattern. But how can you deal with an application from a member of staff who is not a parent or carer and so does not have this right?
One third allowed
According to the latest figures from the Office of National Statistics there are 29.27 million people currently in employment in the UK. With the changes to flexible working on April 6 2009, one third of them now have the statutory right to request a flexible working arrangement from their employer. In a previous article we explained the caregories of worker who can make such a request.
Tip. Remember that it's just a statutory right ro request a flexible working arrangement,, not an automatic right to have it.
Two Thirds not allowed
So this means that just under 20 million employees don't have the statutory right to make such a request. But it's quite possible that these employees may also wish to work flexibly, maybe to pursue outside hobbies or just to achieve a better work-life balance. But as they don't have any statutory right to apply for a flexible working arrangement, does this mean that they can't approach you about one?
Anyone can do it
Any employee can make a flexible working request. But the difference between those who have the statutory right and those who don't is how you have to deal with it. Where the right exists, you can refuse a request under one of the eight approved business grounds.. Where it doesn't, you can refuse the request outright without following any procedure or giving a reason. If you do receive a request from this type of employee, it may pay you to consider it before you make a decision.
What's the reason?
It may be that the employee's request is a reasonable one. For example, they may want to move their starting times slightly so that they can take advantage of off-peak travel or they might want to work longer hours on certain days to have time off to gain a qualification. Indirectly, you will benefit from this, e.g. an experienced employee is less likely to leave to find a job close to home, or the new skill may be good for your business.
Tip. If you are unsure that an employee's proposal will work, agree to it on a trial basis, perhaps for three or four weeks. If it causes you too many problems, you can always refuse to make it permanent.
Get it it writing
Wher eyou do agree to an employee's request, it's important to put the change in writing as this will form part of their contract. So if there's any dispute later on, you will have a written record of what was agreed.
Word of Warning
You should still treat all applications from those without the statutory right to request flexible working consistently. Whilst we do not know of any cases on this particular point, our advice is that it will help to avoid any allegations of discrimination. There is no reason why you can't follow the same process as you do for those with the statutory right.
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