Flexible Working

The coalition government is keen to reform employment laws, but for the better? 

The Beecroft Report, commissioned by David Cameron, calls for the abolition of the right to request flexible working, in addition to the removal of employee protection for unfair dismissal. 

Currently, employees with children under a certain age and carers are entitled by statute to make a request to work flexible hours, subject to meeting certain qualifying criteria and as long as they follow strict procedures. There is no obligation on an employer to grant the request, but it must be considered seriously. 

It has been said by the coalition government that it is committed to extending those statutory rights to request flexible working to all employees, not just parents and carers. However, it is feared by Adrian Beecroft, a venture capitalist, that extending flexible working would have a detrimental effect on businesses and would lead to a tidal wave of flexible working requests.

The Chartered Institute of Personnel and Development (CIPD) in response has made a Freedom of Information request to see how many tribunal claims relate to the right to request flexible working. The figures show that out of 218,100 claims accepted in 2010/2011, only 277 alleged that employers failed to consider a request for flexible working.  229 of these were successfully conciliated and only 10 of the 48 claims that reached the Tribunal were successful. 

So is it not now clear that the fears expressed about extending the right to flexible working are grossly exaggerated? CIPD say the figures show that most employers already recognise that flexible working is an integral part of the modern workplace and are happy to consider such requests. That may be the case. Or it may be that the statutory right to request flexible working arrangements lacks any real teeth and the procedures to be followed to make a valid request are simply too rigid. It is very difficult for employees to do anything about an employer’s refusal to allow flexible working. 

Either way, it seems unlikely that the extension of the right will lead to an avalanche of requests. Even if requests were to increase, surely a good employer would recognise that employees who get to work flexibly are likely to work harder and are more loyal. Hopefully, the government will stick to their guns and increase flexible working rights. In this tough economic climate there is too much emphasis on diluting employees’ rights, which could ultimately be counter-productive. Promoting a good work-life balance is so easily forgotten. 

- Daniel Kindell, Solicitor

For further information, please contact our Employment Rights team on 0113 245 0733

Employers need to grasp the benefits of flexible working!

A recent report by Dan Leighton on Re-inventing the workplace has highlighted the significant benefits which Flexible working brings to the workplace. In addition it can aid the UK company growth.

Employers need to recognise huge demographic changes in the UK workforce. With an ageing population, more women in the workplace and a shift from manufacturing to service based industries has in recent years increased the demand on employers to introduce and offer more flexibility within the workplace. However, some employers still fail to see the benefits.

The fundamentals of flexible working assist in coping with the  work/family life balance. It is essential for those companies who wish to attract and retain the best talent to implement such policies positively and  promote them within the workplace. On a wider perspective, the benefits are numerous. They  can address the social challenges of shared parenting and an ageing population that requires care. They can also reduce  sickness absence and increase motivation within the workplace.  

Employers need to grasp the benefits sooner rather than later!