Feature Article: Flexible Working

Feature Article by: by Michael Newman, a HR Consultant, Employment Law Advisor
You’ve had the baby, maternity leave is over, or you have to return to work after sickness but you don’t want to resume full time working. If you fin d yourself in this position and want to consider the best choices to relieve the pressures of full-time working – What are the options?

Flexible working- What you can expect
Well since 2002 you have the option to apply to your employer to request they consider flexible working. I must emphasize the right you have is to make the request of your employer. However, while taking your request seriously they do not automatically have to agree.

Fit to apply? Who can request flexible working?

To fit the regulations you must:
• Be an employee of the work organisation or Company
• Have worked for the Company continuously for 26 weeks at the date that you make your application.
• Have a child aged under 16, or under 18 in the case of a disabled child
• Submit the application no later than 2 weeks before the child’s 16th birthday, or 18th birthday in the case of a disabled child
• Have responsibility for the upbringing of the child and be making the application to enable you to care for the child.
• Be either:
The mother, father, adopter, guardian or foster parent of the child or
Married to or the partner of the child’s mother, father, adopter, guardian or foster parent.
• Not have made another application to work flexibly under this right during the past 12 months.

Flexible Working- Options

Providing that you meet the eligibility criteria set out above, you may request:
• A change in the hours that you work
• A change in the times that you are required to work
• A change in the place / location from which you work
Most of the above is self explanatory but remember to be an employee you must have a contract of employment and you must not be an independent consultant or contractor. To meet the disabled criteria the child must be registered disabled.

Action
Employee- You will need to set out the grounds for your request in a structured fashion. It is no good just saying now that I am a mum or dad I find it hard to work 5 days a week. You are only allowed to make one application in a year, it is therefore important that you give very careful consideration to:
• The reason why you are making the request
• Which working pattern will help you care best for your child
• The date that you want this to take effect from
• Any effects that you envisage the proposed change will have on the Company; your ability to carry out the requirements of your work and how you think these might be dealt with
• The financial implications that this will have on you if your request involves a drop in salary.
• Recognise that reduced hours may mean reduction in holidays and other benefits including sick and maternity pay.

It is your responsibility to ensure that you take all of these steps into consideration. Your written application must cover the points above.

The Employer then has to:
• acknowledge your application.
• Within 28 days of receiving it, arrange to meet with you. This will provide the opportunity to explore your desired work pattern in depth, and to discuss how best it might be accommodated. This meeting will also provide an opportunity to consider other alternative working patterns should there be problems in accommodating the desired work patterns outlined in your written application. You have the right to be accompanied by a work colleague to all meetings.
• Within 14 days after the meeting, the employer will write to you to either agree to a new work pattern and a start date; or to provide a clear business case as to why your application cannot be accepted and the reasons for this decision in the circumstances. If they need more time to consider your request, they will write to you advising you of this and setting out a time frame for a decision.
• You will then have 14 days from the date that you were notified of the Company’s decision in which to appeal against the decision. Any such appeal should be made in writing to the directors.
• The Company will arrange to hold an appeal meeting within 14 days of receiving your written appeal. The appeal will be held by either a more senior manager or director or in small companies by an external consultant. You have the right to be accompanied by a work colleague at the appeal meeting.
• Within 14 days of the appeal meeting taking place the employer will write to you setting out the decision of the appeal meeting. The appeal process is designed to encourage a satisfactory outcome for both parties.
• If the employer agrees to any extension of these time limits these will be recorded in writing

Summary
If the request is agreed you are formally notified as this is a change to your working terms and conditions. Employers normally are sympathetic and try to help but you will find that the smaller the employer – the more difficult it might be to accommodate your needs and you may need to show flexibility and consider other options or to allow a trial of the new working practices with the understanding if doesn’t work you agree to revert to the previous applied working conditions.

Flexible working is often the answer to allow a mother or sometimes a father to resume their career. Or for somebody returning to work from sickness absence.

For further information, or for a Consultation, contact:

S.M. Services Keeping Employers and their People Safe and Legal
Email mnewman@ukemploymentlawadvice.co.uk Web www.ukemploymentlawadvice.co.uk

For further 1-1 or Team Support, contact The Work Stress Buster.

This article was written by Michael Newman, a HR Consultant with over 6 years experience helping small and medium size companies with HR advice. Previously he had experience of managing his own business with more than 200 employees and before that, he had an extensive career in Purchasing and logistics at Ford Motor Company.

photo credit: <a href=”http://www.flickr.com/photos/94833286@N00/12389517874″>Gandabherundasana</a> via <a href=”http://photopin.com”>photopin</a> <a href=”https://creativecommons.org/licenses/by-nc-sa/2.0/”>(license)</a>

photo credit: <a href=”http://www.flickr.com/photos/8745450@N08/3850009404″>Fat Duck Stationery</a> via <a href=”http://photopin.com”>photopin</a> <a href=”https://creativecommons.org/licenses/by-nc/2.0/”>(license)</a>