So the dust has settled and we all awoke this morning to a flexible working dawn.
So what exactly does it all mean? Here's a quick Q&A:
What is flexible working?
It is a variation of your working pattern, such as working from home, part-time working, flexi-time or of course job sharing.
What are the new rights?
All employees can request flexible working from their employer. This is a right to request- not an absolute right to be given it, which is an important distinction.
How should I make the request?
The request must be made in writing setting out the change you are seeking, when you want it to start, and what affect you think it would have on your employer.
How should employers deal with your request?
Employers are required to consider requests objectively and in a "reasonable manner". Unless an extension is agreed, they must notify you of the decision within three months of your request being made.
What does "reasonable manner" mean?
Your employer is expected to hold a meeting with you to discuss your flexible working request in good time, and then communicate the decision to you as soon as practicable.
An employer must provide clear business reasons for any rejection.
What are the business reasons for an employer to reject your request?
The new rules do not alter the previous basis on which an employer is entitled to reject a flexible working request. There are eight business reasons an employer can use, which include the burden of additional costs, an inability to either meet customer demand, to reorganise work, or recruit new staff.
Are employers still obliged to give priority to people who are parents or carers?
No. The guidance from Acas makes it clear that employers don't have to make value judgments about the most deserving request; each case should be considered on its merits, how it would impact on the business and the effect of refusing a request.
If a request is approved, does it represent a permanent change to your terms and conditions?
Yes, it will represent a permanent change with no right to return to the original terms in the future, unless otherwise agreed.
How should an employer deal with competing requests for flexible working?
The Acas guidance suggests that a random selection such as pulling names from a hat may be the best approach! Alternatively, a temporary or trial period could be agreed, with regular reviews. Or, and here is your secret weapon, why not find your perfect job share partner with us and present your boss with an alternative which means they all days covered and two fantastically motivated members of staff to boot.
Go for it!
