Flexible Working
UK Recruiter 23rd February 2005
Flexible Working
A long serving employee is currently on maternity leave. She is due to
return to work soon following the birth of her child but wants to vary her
hours of work on her return. I only employ a small number of staff and
am not sure I can agree to her request. What should I do?
Regardless of the size of your business an eligible employee has the
right to ask for 'flexible working'. This can include a job share, flexi-time
or simply working only during school term times.
Eligibility to make the request depends on a number of factors including
the need for 26 weeks continuous employment and, in most cases, for
the child to be under 6 years old at the time the request is made (although
there are different rules relating to disabled children). The right is not
limited to natural parents. Adoptive or foster parents or guardians may
apply; so too may an employee whose spouse/partner is the parent of
an eligible child.
The employee should make a formal application in writing setting out the
proposed changes, when they are to start, how it may affect the running
of your business and how this may be overcome. Following receipt, you
must meet with the employee within 28 days to discuss the request. Of
course, if you agree to the request, a meeting is unnecessary and the
varied working arrangement can be implemented by agreement.
If a meeting is required, even if you are reluctant for valid business reasons
to agree to the request, it should be used to explore ways to accommodate
both the employee's needs and the needs of your business. In the majority
of cases there is likely to be a benefit to both sides in terms of staff morale
and business performance if an employee feels he/she is valued and his/her
needs are being considered by you. However, you should note that any
agreement to vary an employee's contract will, by default, be permanent.
If you wish to place a time limit on the changes to an employee's working
hours you should agree this with the employee beforehand and record that
agreement in writing.
Following the meeting you must notify the employee of your decision in writing
within 14 days, either by agreeing or refusing the request or suggesting a
compromise solution. However, a refusal may only be given on one of eight
specific grounds (these can be found at the ACAS website)
which must be set out in the letter to the employee and explaining how it
impacts on his/her request.
The employee may lodge an appeal with you against any decision, within 14
days. Following an appeal hearing you must deliver your decision in writing to
the employee within 14 days.
Whilst the appeal hearing is the end of the flexible working process it may not
be the end of the matter. If an employee feels the process has been handled
badly he/she may raise a grievance or worse still, issue Tribunal proceedings,
resulting in an unwelcome diversion to running your business. Equally, if a
request is reasonably refused an employee may not make another application
for another 12 months.