Island Life Magazine Ltd August/September 2014 | Page 144
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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
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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].