On 30th June, the law around flexible working will change – meaning that thousands of employees throughout the UK will have the right to request flexible working arrangements.
This has been a newsworthy topic over the last few weeks, and is certainly a subject that’ll be coming up at a coffee machine near you any minute now. However, from the conversations I’ve overheard on the subject, it seems there are a few myths that need debunking.
It’s my right to work flexibly
I’ve heard a few people incorrectly stating that at the end of the month, flexible working is something all employers must adhere to. That’s not the case – your employer has every right to refuse your request.
According to the CIPD, the key thing that’s changed is that the right to request flexible working will be ‘dramatically widened.’ Before 30th June, many employers needed a specific reason to allow employees to work flexibly – such as a family member who needed care, or as a work around to childcare arrangements. However, after 30th June, all employees who’ve worked for an organisation for 6 months or more have the right to request flexible working – whatever the reason.
[box]The CIPD also notes the following as key points to remember when it comes to flexible working:
- The right to request flexible working is available to employees with a minimum of 26 weeks’ continuous service with the employer.
- No qualifying period of employment is required for claiming unfair dismissal where an employee has been dismissed for making a request for flexible working.
- The right to request flexible working applies to both full-time and part-time employees.
- If a request for flexible working is refused, the employee must make any claims to an employment tribunal within three months of the ‘relevant date’. [/box]
I need an excuse to work from home
I spoke to a good friend recently, whilst working from home. I told her I couldn’t talk for a long time, because I had work to do.
“You’re working from home?!” she spluttered. “Are you ill?”
I told her that I wasn’t ill, but that I preferred to work from home when I had copy deadlines to meet. It’s easier to concentrate, and the extra hour in bed is just what I need to be especially productive.
“My boss would NEVER let me do that, unless I was ill,” she told me. “In fact, when I have worked from home, he called me twice in an afternoon to make sure I was still working.”
Following the legilative change at the end of the month, my friend has every right to request flexible working, despite her employers poor view of it – and her employer has a statuatory duty to consider her request.
I can experiment with different types of flexible working until I find what’s right for me
There’s a little confusion around this – though your employer may be flexible enough to adopt this approach, the law doesn’t actually state that this is the case. The changes mean that once in a 12 month period, employees have the right to make a request – and if it’s approved, it becomes a permanent change to your contract. Once those changes are made, it’ll be difficult to undo in order to try a different way of working.
Some employers may already think flexibly, and allow you to experiment – but they certainly aren’t legally obliged to.
My employer can say no
Well, this one is technically true. Though your employer must consider your request, they have every right to refuse it.
However, employees do have the right to appeal the final decision. Acas states the following reasons that a request may be refused:
- the burden of additional costs,
- an inability to reorganise work amongst existing staff
- an inability to recruit additional staff
- a detrimental impact on quality
- a detrimental impact on performance
- detrimental effect on ability to meet customer demand
- insufficient work for the periods the employee proposes to work
- a planned structural change to your business
If your request is rejected and you wish to appeal, you should discuss this with your employer, accompanied by a colleague. You may be able to negotiate a new way of working that suits you both.
It’s a good idea to do your homework before you make a request – after all, you don’t want to end up contractually obliged to work hours that don’t work for you.
To help make the transition a little smoother, we’re putting together a brand new ebook packed full of #toptips on flexible working. If you’ve got a tip you’d like to add, we’d love to hear it – simply leave a comment in the box below.
