Flexible Working Attracts Staff

Flexible working conditions are more important to jobseekers than extra money or perks according to a poll conducted by the DTI. The survey of 4,000 people showed that 46% chose the ability to work flexible hours as the benefit they looked for most in a job as against 10% wanting a company car and 7% gym membership. One third of people questioned said that they would choose flexitime over an extra £1,000 a year.

Since 6 April this year it has been possible for parents with young or disabled children to apply to work flexibly. Their employers have a duty to consider these requests seriously.

The new rules allow mothers and fathers to request to work flexibly. It does not provide an automatic right to work flexibly as there will always be circumstances where the employer is unable to accommodate the request. However if you are an employee with children you should be aware that you can make such an application and if you are an employer you should be aware that you have to take such an application seriously and can only refuse on certain specified grounds.

We set out below some further detail to help you understand the new provisions.

Who can apply?

The employee needs to:

• have a child under six or a disabled child under 18
• be the child’s mother, father, adopter, guardian or foster parent or married to them
• have worked for the employer for at least 26 weeks.

What kind of changes?

Employees can ask:

• for a change to the hours they work
• for a change to the times they are required to work
• to work from home.

Further information on different types of flexible working can be found at www.dti.gov.uk/work-lifebalance

The employee must apply in writing and the employer must respond within 28 days to arrange a meeting following which the employer has 14 days to make a decision and notify the employee.

Grounds for refusing a request

• burden of additional costs
• detrimental effect on ability to meet customer demand
• inability to reorganise work amongst existing staff
• inability to recruit additional staff
• detrimental impact on quality
• detrimental impact on performance
• insufficiency of work during the period the employee proposes to work
• planned structural changes.

The employee has the right to appeal against the decision.

In addition to the right to request flexible working, other family friendly changes have been made including changes to maternity rights and pay, new rights to paid leave for adoptive parents and the introduction of a right to paternity leave and pay.

Please call us if you have any questions on any of these issues. You may also like to note that a new helpline has been set up by the Advisory, Conciliation and Arbitration Service to give help and guidance to both employers and parents. The number is 08457 474747. In Northern Ireland advice is available from the Labour Relations Agency on 028 9032 1442.

Further information is also available at www.dti.gov.uk www.acas.org.uk www.tiger.gov.uk