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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Flexible workin...
 Flexible working request
 
creynolds
115 posts
5th
Joined
12/12/2006

Flexible working request
Posted: 12 Mar 08 2:39 PM

This week Buddy was asked: I run a small business employing 10 employees. One of my employees is on maternity leave at the moment and has asked me whether she can come back on a part-time basis. What are her rights and what do I need to do to stay within the law?

creynolds
115 posts
5th
Joined
12/12/2006

Re: Flexible working request
Posted: 18 Mar 08 9:54 AM

Buddy says: There is no absolute right to work flexibly or part-time.  Rather, an eligible employee is entitled to make a request and the employer is under a duty to consider that request. If an employee is eligible, they may request a change to the hours they work, a change to the times when they are required to work, or to work from a different location e.g from home.  In summary there is:

  • A right to request to work flexibly
  • A statutory request procedure
  • An obligation on the employer to consider that application properly
  • A limited number of grounds on which the employer can refuse the request

Employer information:  Broadly speaking, to be eligible employees need to meet the following criteria:  

  • Be employed (includes fixed-term employees and those who already work under a flexible work pattern). Does not apply to self-employed contractors or consultants;
  • Have 26 weeks' continuous employment at the date the application is made;
  • Not be an agency worker or a member of the armed forces;
  • Not made an application to work flexibly during the preceding twelve months.

You should ensure that both you and the eligible employee follow these steps:

  • The employee should put their request in writing setting out their request and specifying that the request is made in accordance with the Employment Act 2002. The employee should also set out what the effects of their proposals could be and how these effects might be dealt with and managed.
  • Within 28 days of receiving the request you must meet with the employee to discuss the application. The employee has the right to be accompanied at the meeting
  • Within 14 days of the meeting, you must write to the employee and either agree to the proposed changes and set a start date or provide written reasons why the request has been rejected and setting out the appeal procedure
  • The employee can then appeal against the decision to reject the request but must do so within 14 days of the request being rejected.
  • Within a further 14 days of receiving the appeal notice you must arrange a further meeting to discuss the appeal.
  • Finally, and within a further 14 days after the meeting, you must notify the employee in writing of your decision

It is not a foregone conclusion that the employee should be granted their request to work flexibly. You may have entirely legitimate reasons why you cannot accommodate a specific request. There are eight grounds for rejecting a request. These are:

  • The burden of additional costs
  • Detrimental effect on ability to meet customer demand
  • Inability to re-organise work among existing staff
  • Inability to recruit additional staff
  • Detrimental impact on quality 
  • Detrimental impact on performance
  • Insufficiency of work during the periods the employee proposes to work
  • Planned structural changes

It is not enought to merely cite one of the above reasons for a rejection.  Your decision must also contain "sufficient explanation" as to why the chosen ground(s) apply.

  Discussions  Buddy's question time  Flexible workin...
 
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