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As has been much discussed recently in the mainstream press, starting from today (30th June 2014) every employee in the UK, provided they have worked for their employer for at least 26 weeks, has the right to request ‘flexible working’. We look at what this means and what the employee and employer must do to comply with this new legislation.
Flexible Working
There are many types of ‘flexible working’. These are:
- Job sharing. This is when for example two people do the same one job and split the hours between them.
- Home working: Doing some or all of the work at home or another suitable location.
- Part time, for example working fewer hours or days than a typical full-time employee.
- Compressed hours. This is when a person works the same hours as a full time equivalent but over fewer days than normal.
- Flexitime: Deciding, within pre-agreed limits, when to start and finish the workday, whilst always working certain ‘core hours’.
- Annualised hours. This is when you are required to work a certain number of hours over the year but with some flexibility about when the hours should be worked.
- Staggered hours: Giving the employee different start, finish and break times than other workers.
Requests
Although the new legislation does not give employees the default right to get any flexible working requested, it does give employees the right to make a request, and the legislation requires the employer to deal with that request in a particular way. This is designed to make it easier for employees to move to flexible working if they need to, without placing an unviable burden on the employer.
The employee:
- needs to have worked at least 26 weeks for the employer;
- can only make one request per 12 months;
- must make their request in writing, stating the date of the request, the specific change to working conditions that they are requesting, and the date they would like the change to take effect;
- should state whether they have made a previous application for flexible work and the date of that application; and
- must explain how they think their requested change may affect the business and how any problems could be mitigated.
The employer:
- is advised to provide a standard form and procedure for employees requesting flexible working;
- must consider the request in a ‘reasonable manner‘ and make a decision within three months (longer if mutually agreed with the employee); and
- must provide written reasons for a refusal which include a clear business reason why the request cannot be allowed, and such refusal may then be appealed via an employment tribunal.
If the employer agrees, the outcome of the request should take the form of a letter from the employer to the employee setting out a statement of the agreed changes and a start date for the flexible working. The employer must also update the employee’s contract of employment to reflect the changes within 28 days of the request being approved.
More Information
Both ACAS and GOV.UK provide detailed guidance for both employers and employees on the new flexible working rights, here:
ACAS – The Right to Request Flexible Working
We also provide a number of different employment contracts, instantly downloadable for just £5.99, which can be easily amended to suit a flexible working arrangement:
Contract of Employment Template
