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FLEXIBLE WORKING REQUESTS MADE DURING INTERVIEWS
July 2010
During an interview a woman asks about a flexible working arrangement from day one as she has a young child. Her statutory right only kicks in at 26 weeks so you can refuse. But why should you avoid making a note of her query?
Flexible working – the law
Any parent who has a child under the age of 17 (or 18 if they are disabled) has the statutory right to ask their employer for a flexible working arrangement, providing they have:
• Been employed by them continuously for at least 26 weeks, and
• Not made a statutory request in the previous twelve months (including to another employer)
Tip 1. The 26 week rule was put in place to ensure that employers have an opportunity to work with employees on their terms/ / it allows you to properly assess their performance. Whilst you can, if you wish, offer flexibility from day one, we would advise against it as you will lose this important opportunity.
Tip 2. However, if you do so, you must apply the policy fairly and consistently to all staff.
Not possible yet
One of our subscribers was recently interviewing a female candidate. It transpired that she wanted immediate flexibility so she could work around her childs school hours. But this did not suit them. Knowing the statutory process only says that they must consider a request, i.e. they are not obliged to grant one, they explained it was not possible to accommodate it.
Can try later. However, they did the right thing by saying they would consider any application made as and when the employee became eligible. This was outlined in their flexible working policy
Here’s the problem
Our subscriber, quite correctly, also made interview notes. But it’s here that we find the hidden trap. Suppose, for example, they record “Has childcare responsibilites may have problem with hours”. On the face of it these comments seem nothing more than an aide memoire.
Imagine the scenario. But let’s then take it a step further: a more suitable male applicant comes along and this individual is rejected.
A hidden danger
At that point, these notes, which were not meant in a negative way, become highly problematic. If she gets her hands on them – which she can do via a request under the Data Protection Act 1998 she will have all the evidence necessary to make an accusation of sex discrimination, i.e. she was turned down due to her childcare commitments.
Risk. If questions about children were not put to the male applicant (which is unlikely) that would strengthen her claim even further.
How should you react?
So, the simple rule is don’t refer to childcare arrangements in your interview notes, even innocently – they may come back to bite you.
Tip. Alternatively, jot down, “Enquired about flexible working – confirmed we follow the statutory procedure” This is not problematic and it will remind you why she asked in the first place,
Source: Tips & Advice Personnel May 27 2010
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