Island Life Magazine Ltd August/September 2014 | Page 144

coffee break reading... Roach Pittis advice Roach Pittis Solicitors, 60-66 Lugley Street, Newport, PO30 5EU t. 01983 524431 - e. [email protected] By Chris Prew Flexible working regulations 2014 T he law regarding requests for flexible working fundamentally changed at the end of June. Before June 30 employees could only request flexible working to care for their children or certain categories of dependent adults. A strict timetable also had to be followed once the request had been made. This all changed when the new legislation came into force. All employees who have been employed for more than 26 weeks are now entitled to make a request for flexible working for any reason. The process involved has also been simplified. The employee needs to make the request in writing and should confirm that it is made under the statutory procedure. They also need to clearly set out what changes they would like and how they believe these changes could be made. Flexible working includes part-time working, home working and different work patterns. As before, employees will be limited 144 www.visitilife.com to making only one request for flexible working in any 12-month period. When an employer receives a request they must: • Respond within three months or agree a longer time period with their employee. • Deal with the request in a reasonable manner. If the employer fails with either then they could face a claim in the employment tribunal. The employment tribunal has power to award compensation of up to eight weeks' pay to the employee (subject to the current statutory limit of £464 per week). It can also order the employer to reconsider the request. If the employer proposes rejecting a request, legal advice should be sought to check that they are not exposing themselves to a discrimination claim. Failure to correctly consider a request could prove costly both financially and with regard to management time. Employers are still entitled to reject a request on eight very wide business grounds, such as being unable to meet customers' demands, but they must ensure that they act reasonably if they reject a request. If a request is granted, it is likely that the change will be a permanent change to an employee's terms and conditions. Employers will be obliged under the law to provide written confirmation of the changes to the employee within one month. It is advisable to avoid any confusion over employees’ terms of employment for employers to issue a new contract for employment. The changes mean that employers no longer need to follow rigid statutory rules when dealing with the requests under the simplified procedure. However, employers will need to properly consider all or any request for flexible working made by their staff. To ensure you remain compliant or to find out more about the legislation please contact Chris Prew by calling or emailing [email protected].