From 30 June 2014 the right to request flexible working was extended to all employees (provided they have at least 26 weeks' service). This means the right will no longer be limited to employees with parental or caring responsiblities as it has been previously.
A flexible working request can be made to change the hours of work (e.g. to part-time working), change of times worked (e.g. term time only), change the place of work (e.g. home working). It is only a right to make a request not a right to work flexibly. However, employers are required to consider the request properly in accordance with the statutory provisions. The request can only be refused on specific business grounds.
If an employer agrees to the flexible working arrangement, it will result in a permanent change to the employee's terms of employment and they have no right to revert to their previous working pattern. For this reason, the parties may want to agree to a trial period, particularly if the employer is unsure whether the business can sustain the new working arrangement. However, in practice, employers may find that they have to engage in a certain degree of balancing between requests in order to avoid the risk of discrimination claims.
Ansa HR suggest employers should ensure that their existing flexible working policy (if you have one) is updated to reflect this change. For the time being, the majority of flexible working requests may still remain to be made by those with parental or caring responsiblities and employers should be prepared to deal correctly with such requests from any of their workforce.
Ansa HR Consultants is an independent HR Consultancy providing Human Resources, Employment Law, Health and Safety, Training and Recruitment to businesses in the North West, Midlands and North Wales. Call us on 01948 519151, email [email protected] for further information on our services or please visit our website at www.ansahr.co.uk for further HR news articles.
Ansa HR Consultants is led by James, who has worked at Board and senior HR positions within the UK and Europe. James is a Chartered Fellow of the CIPD and trained in Employment Law at Northumbria…
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