Tell us about yourself and your firm?
I am a partner at employment law firm, Hine Legal. I act for businesses and senior executives, advising on how to resolve difficult situations at work. Key areas on which I advise businesses are: flexible working; diversity/equal opportunities; sorting out difficult situations with an employee (poor performance, sickness management or an employment tribunal claim) or a number of employees (collective redundancy consultation and changes to terms of employment). I give clear legal advice early on to enable decisions to be taken by the business to get the right outcome without too much cost or management time being incurred.
What is flexible working?
It is working anywhere at any time. Flexible working is described by ACAS as a way of working that suits the employee. My view is that this definition causes difficulties for businesses. Agile working is the term that is increasingly trending. In my view, this means a way of working that benefits both the business and the employee.
What should an employer do if they receive a flexible working request?
An employer needs to consider it reasonably. This involves discussing the request with the employee and asking the employee to consider what impact that request might have on others, if granted. The employer does not have to grant the request. It can reject it on one of a number of permitted grounds (e.g. that there is insufficient work in the times that the employee proposes to do it, or that granting the request would have a detrimental impact on performance – that of the business or the employee making a request). The employer should ideally explain clearly from a business perspective why a request cannot be granted, to minimise the risk of employment claims such as discrimination or constructive dismissal. If the employee is dissatisfied with the employer’s decision regarding the request, they have a right of appeal. The whole process needs to be dealt with within 3 months.
What are the benefits of flexible working?
There are benefits for both the employee and the business. For the employee: improved morale and a greater sense of autonomy and ability to balance work and personal life; for the business: a proven recruitment and retention tool (statistics demonstrate that employees now prize flexible working above salary); loyal and motivated staff; savings in office space and customer engagement (customers want access to services 24/7 and having a flexible workforce facilitates this).
Are there any pitfalls and how can they be avoided?
3 key ones, in my view: Lack of consistency in dealing with requests – have a clear and transparent policy on flexible working and train HR and line managers on how to handle requests effectively whilst minimising legal risks to the business
Flexible working being an HR initiative, rather than one that is led and endorsed by senior management with HR providing an important role in ensuring the policy is adhered to. This minimises take-up amongst staff and is seen as an annoying procedural hurdle rather than a genuine business benefit. Develop a flexible working strategy which underpins the policy and get buy in from the top. This positions flexible working as a business benefit, not an emotional one.
The kneejerk reaction by some businesses that client roles cannot be done flexibly – again, training line managers and HR on handling flexible working requests is key. The business will need to drill down and articulate clearly to the employee the business reason for not granting a request.
Tell us about yourself and your firm?
I am a partner at employment law firm, Hine Legal. I act for businesses and senior executives, advising on how to resolve difficult situations at work. Key areas on which I advise businesses are: flexible working; diversity/equal opportunities; sorting out difficult situations with an employee (poor performance, sickness management or an employment tribunal claim) or a number of employees (collective redundancy consultation and changes to terms of employment). I give clear legal advice early on to enable decisions to be taken by the business to get the right outcome without too much cost or management time being incurred.
What is flexible working?
It is working anywhere at any time. Flexible working is described by ACAS as a way of working that suits the employee�. My view is that this definition causes difficulties for businesses. Agile working is the term that is increasingly trending. In my view, this means a way of working that benefits both the business and the employee.
What should an employer do if they receive a flexible working request?
An employer needs to consider it reasonably�. This involves discussing the request with the employee and asking the employee to consider what impact that request might have on others, if granted. The employer does not have to grant the request. It can reject it on one of a number of permitted grounds (e.g. that there is insufficient work in the times that the employee proposes to do it, or that granting the request would have a detrimental impact on performance – that of the business or the employee making a request). The employer should ideally explain clearly from a business perspective why a request cannot be granted, to minimise the risk of employment claims such as discrimination or constructive dismissal. If the employee is dissatisfied with the employer’s decision regarding the request, they have a right of appeal. The whole process needs to be dealt with within 3 months.
What are the benefits of flexible working?
There are benefits for both the employee and the business. For the employee: improved morale and a greater sense of autonomy and ability to balance work and personal life; for the business: a proven recruitment and retention tool (statistics demonstrate that employees now prize flexible working above salary); loyal and motivated staff; savings in office space and customer engagement (customers want access to services 24/7 and having a flexible workforce facilitates this).
Are there any pitfalls and how can they be avoided?
3 key ones, in my view: Lack of consistency in dealing with requests – have a clear and transparent policy on flexible working and train HR and line managers on how to handle requests effectively whilst minimising legal risks to the business
Flexible working being an HR initiative, rather than one that is led and endorsed by senior management with HR providing an important role in ensuring the policy is adhered to. This minimises take-up amongst staff and is seen as an annoying procedural hurdle rather than a genuine business benefit. Develop a flexible working strategy which underpins the policy and get buy in from the top. This positions flexible working as a business benefit, not an emotional one.
The kneejerk reaction by some businesses that client roles cannot be done flexibly – again, training line managers and HR on handling flexible working requests is key. The business will need to drill down and articulate clearly to the employee the business reason for not granting a request.
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