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FLEXIBLE WORKING – RIGHT FROM DAY ONE?
April 2010
It’s rumoured that the government will soon extend flexible working rights to every employee from the day they start work. Something else to worry about?
Problem with that. Recently, the Equality and Human Rights Commission called for the statutory rights to request flexible working to be extended to all employees, regardless of their personal circumstances. Unfortunately, the government has also since confirmed that it’s considering if this could be allowed “from the beginning of a job”.
Extension not practical. Naturally, many employers’ groups are already making their objections to this latest proposal known. Apart from the time and effort involved in having to deal with an increased number of requests, the very idea is contrary to the key principle of flexible working.
What’s that? This is that an employee must have sufficient knowledge and experience of their job and your business to be able to suggest how any flexible working system could be implemented and work in practice. But it’s difficult to see how an employee could ever have this knowledge from day one of employment.
Extension too far/ / Currently, only employees who are parents of children under the age of 17 (18 if the child is disabled) and carers have the statutory right to request a flexible working pattern. But it’s exactly that – whilst they can ask for it, you can legitimately refuse where it does not meet your business needs. However, they can’t make an application until they have completed 26 weeks’ employment.
Tip. Whilst the media is likely to speculate about further extensions to flexible working, nothing is likely to happen for many month yet/ / if at all. But until it does, our advice is don’t panic. A clear flexible working policy will allow you to set out the employees who currently have the statutory right to request flexible working. It should also include the eight reasons you have at our disposal to reject any such request.
Source: Tips & Advice Personnel March 4 2010
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