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
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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.