insideKENT Magazine Issue 31 - October 2014 | Page 139

BUSINESS THE RIGHT TO REQUEST FLEXIBLE WORKING ARRANGEMENTS AS OF 30TH JUNE 2014, ALL EMPLOYEES WHO HAVE WORKED FOR THEIR EMPLOYER FOR A CONTINUOUS 26WEEK PERIOD UP TO THE DATE ON WHICH THE APPLICATION IS MADE, HAVE THE RIGHT TO ASK THEIR EMPLOYER FOR A CHANGE TO THEIR CONTRACT OF EMPLOYMENT TO WORK MORE FLEXIBLY. PRIOR TO 30TH JUNE 2014, THE RIGHT ONLY APPLIED TO THE PARENTS OF CHILDREN UNDER 17 (OR 18 IN THE CASE OF PARENTS OF DISABLED CHILDREN), OR TO THOSE WITH CARING RESPONSIBILITIES FOR AN ADULT. Emma Lee The government also removed, on 30 June 2014, the statutory procedure for considering requests and replaced it with an ACAS Code of Practice (found on the ACAS website), which provides guidance on the employer's duty to consider all requests received in a reasonable manner and to reach a decision within three months (unless more time is agreed between the employer and employee). Employers retain the right to refuse a request on business grounds, but the justification must meet one or more of the eight reasons specified in the Employment Rights Act. These are: against any adverse impact on the business that could include additional costs, logistical pressures and client or customer demands. Employers must be careful when considering a request for flexible working, not to discriminate (either directly or indirectly) against any particular employee or employees because of a protected characteristic under the Equality Act 2010 in relation to age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex or sexual orientation. It should also be remembered that part-time workers have the right to be treated consistently with their full-time counterparts, unless the different treatment can be justified on objective grounds. If you have an existing policy for dealing with requests for flexible working you should ensure that it is updated following these changes. • Extra costs, which will damage the business • The work cannot be reorganised among other staff • People cannot be recruited to do the work • Flexible working will affect quality and performance • The business will not be able to meet customer demand • There is a lack of work to do during the proposed working times • The business is planning changes to the workforce An application of this nature should be considered carefully, weighing up the benefits of the requested change for both employer and employee 139 If you do not have such a policy, you should implement one to ensure compliance with current requirements and consistency of treatment across your workforce. T G Baynes can prepare a policy for you or assist with any requests for flexible working made of you. Contact Emma Lee on 0208 301 7777 or [email protected]. www.tgbaynes.com The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.