36 human resources
Increase in flexible working requests?
Since June 30, 2014, the right to request flexible working has been extended to include all employees, not just those with caring responsibilities for children or adults. We asked whether employers would see an increase to the number of requests for flexible working and if so, what would be the impact on the smaller employer
The previous flexible working regulations only permitted those employees who were parents of children aged under 17 or disabled children aged under 18, and employees who were carers of specified adults, the statutory right to apply to work flexibly. The changes mean all employees now have the right to make a request and employers have a duty to consider these requests in a reasonable manner. In support of the changes ACAS has introduced a code of practice, and tribunals will take into account whether the code has been followed or not.
Other changes include less prescriptive procedures for dealing with requests, but in reality the process is broadly similar to that which was in place before.
"We were aware that some employees had already expressed interest in making flexible working requests ahead of the legislation changes and therefore we expected to see an increase in the number of requests coming through," said Liz Perry, Baker Tilly associate director. In reality, has this happened?
“It is still early days to fully understand how this change in legislation will impact the workforce generally," Perry continued. "These regulations have been introduced at the beginning of the UK’s peak holiday period which may explain the slow uptake. However, we do expect that once employees become more familiar with the new policy they will step forward to request that flexibility.”
Worryingly, Jobsite’s recent survey found that 53% of businesses were unaware of the legislative change, and of the 47% who were, 25% hadn’t considered the impact. This is even more troubling when 66% of UK workers said they would request flexible working if it was available.
What should you do? Unfortunately doing nothing isn’t an option. All employers, regardless of size, should update their
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discrimination if they do not consider requests to work flexibly reasonably and fairly. This is certainly not a situation any employer would like to find themselves in. The framework of the statutory request provides the employer with a degree of protection against this risk that an informal process does not.
Perry added: “These changes are aimed at re-addressing work-life balance and employers will need to recognise that accommodating, or at least properly considering flexible working requests is going to become a more common feature of managing their workforce.”
Despite this legislative change, an employer can refuse a request to work flexibly for eight reasons as outlined in the legislation, which incidentally are the same eight reasons as were in place previously. All are sound business reasons and employers are advised to consider each request against these reasons.
ACAS have also issued a helpful guide to handling flexible-working requests. Among the guidance they have considered how one employer may handle a number of requests received at any one time, suggesting that one way would be to consider requests based on the date they are received. The guide is a great resource to refer to and offers a number of different scenarios to help employers.
Baker Tilly’s top tip Liz Perry
policy and procedure documents as a minimum. This will ensure that anyone making a request knows how to go about it. Employers may also find it helpful to put in place a flexible working request application form; this will help the employee to present their request in the best possible way to the employer. Guidance or training should ideally be given to line managers who will be handling these requests, especially within those businesses who do not have their own in-house HR resource.
However there are some potential pitfalls to watch out for. It is tempting for employers to consider the formal approach to requests to work flexibly as onerous and time consuming. Often informal arrangements are put in place instead, which neither protects the employer or the employee. In particular, employers will still be open to claims of
Update your policy and provide guidance for your managers. If you are struggling to handle particular requests, or confused as to what you should do, then consider bringing in some outside assistance from either your legal or HR advisers rather than run the risk of getting it wrong.
Baker Tilly experts can help support you from ad-hoc advice to an entire outsourced HR function. For more information contact Liz Perry, details below, or contact your local Baker Tilly adviser.
Details: Liz Perry
0118-9554265
liz.perry@
bakertilly.co.uk www.bakertilly.co.uk
THE BUSINESS MAGAZINE – THAMES VALLEY – NOVEMBER 2014
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