Expert View THE FLEXIBLE
APPROACH TO WORK by Sally Eastwood
Farleys employment solicitor and associate partner
Since the Prime Minister’s lockdown announcement in March, millions of people have been working from home for the first time joining many people that already regularly work from home.
Employees with 26 weeks’ service with their employer have the right to make a flexible working request in each 12 month period. Requests could include working from home or elsewhere, reducing hours, changing times of work, doing hours over fewer days or sharing the job with someone. Any application made must be in writing.
An employer must deal with a flexible working request in a reasonable manner and deal with it within three months. Employers are only able to refuse a request on specific business grounds:
• Burden of extra costs
• Cannot reorganise the work among other staff
• Cannot recruit more staff • Negative effect on quality
• Negative effect on the business’ ability to meet customer demand
• Negative effect on performance • Not enough work hours requested • Planned reorganisation/change
Since lockdown, businesses have been forced to invest in technology and create
and reviewing directors’ insurance cover is also a good idea.”
Some employers may be faced with having to make staff cuts or changes to working hours. Karen Credie, director of KMC Human Resources, says: “Unfortunately, not all employers will be able to bring back all of their staff and redundancies will be inevitable.
“The redundancy process is fairly strict and the rules must be followed thoroughly by employers to avoid any potential for comeback.
“Where some staff are being kept on in the same teams where others are being made redundant, employers should make and keep notes in relation to their decision making and any selection criteria applied, so they can justify the choices made should these later be questioned.
“The paperwork relating to staff going on furlough should also be maintained for a period of five years. This should be ideally linked to each employee’s individual file, be it in paper or digital format.”
Claire Thwaite of Cube HR adds: “If you do decide to adjust working times, reduce working hours or make redundancies it’s really
alternative ways of working. Many employees have enjoyed the advantages of flexible working and have seen the significant improvement in work-life balance, mental health along with the benefit of less commuting time and cost.
Studies show that increased flexibility sees substantial enhancements in productivity, morale and engagement amongst staff along with employee retention. It can also allow for a reduction in on-site overheads and enable extended opening hours to benefit customers where there are flexible working hours rather than the traditional 9am-5pm.
Some businesses are wary of changes in working practices, particularly remote working, because they may feel that they are not able to control or measure the number of hours that their staff are working. When considering remote working, it is important to set consistent and clear goals and maintain results-orientated approaches so that staff can remain focused on tangible objectives.
It has been widely reported that many large businesses are to increase flexibility in the workplace including remote working.
The coronavirus pandemic may mean that businesses transition from tolerating some forms of flexible working to fully embracing them acknowledging the benefits that can be achieved from flexible working.
important you have a solid rationale for doing so and that you explain it to your employees.
“Redundancies and contract changes can be a complex thing, so do seek advice from a HR professional before proceeding – if you get it wrong you could be facing a costly, time consuming tribunal that could ultimately have a massive impact on the future of your business.”
She adds: “We suggest all employees carry out a return-to-work induction to make sure employees are fully aware of what is happening.
“This gives you a chance to check in with your employees to ensure they have good mental health; discuss any concerns they may have about returning and clarify and changes to working times or procedures.”
Another area to consider is flexible working – many people have got used to working from home, or feel they now have a better work / life balance.
Claire says: “Everyone has the right to apply for flexible working and businesses should consider each request carefully. You can say no but you have to have a legitimate business reason for doing so.”
...but we believe the law should be
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LEGAL VIEW
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