11 January 2010 - A recent report found that many small businesses were unclear about the concept of flexible working, its implications and most importantly, its potential benefits, which often entail increased productivity and job satisfaction as well as an overall reduction in sick leave.
Outlining the issues surrounding this subject, "Flexible working: challenges for business", was produced by the All-Party Parliamentary Small Business Group (APPSBG) with support from the Association of Chartered Certified Accountants (ACCA) and the Federation of Small Businesses (FSB).
One area of ‘flexible working’ that has grown in popularity is home working. Recent research from the TUC shows that the South West is a hotbed for home working with 15.7 per cent of all workers working from home, the highest percentage in the country, as compared to only 9.3 per cent in the North East. The research shows that nearly 3.5 million people already work from home in the UK - 12.2 per cent or one-in-eight of the population - an increase of 600,000 since 1997.
Introduced under the Employment Act 2002 (EA 2002) and brought into force on 6 April 2003, the right to request flexible working (Right to Request) consists of:
· 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
Lucie Biddick, Employment Lawyer, Kitson Hutchings, explains:
“To qualify for the Right to Request an individual must meet the following criteria: be employed; have 26 weeks' continuous employment at the date the application is made; not be an agency worker or a member of the armed forces; and not have made another application to work flexibly under the Right to Request Legislation during the preceding twelve months.”
Lucie continues:
“If the employee who is making the request is doing so in order to care for a child, they must also satisfy additional criteria. However, once eligible, an employee can request a change to the hours they work; a change to the times they are required to work; or even a change to the location from which they work e.g. from home.”
Employers and employees are required to deal with all such requests using the following procedure, to ensure compliance with their legal obligations:
1. The employee must submit a written application to work flexibly.
2. Within 28 days of receiving the request, the employer must arrange to meet with the employee in order to discuss the application.
3. Within 14 days after the date of the meeting, the employer must write to the employee to either agree to the new work pattern, and set a start date, or to provide grounds for the rejection of the application and set out the appeal procedure.
4. The employee can appeal the rejection of a request, but must do so within 14 days of the appeal being rejected.
5. Within 14 days of receiving the appeal notice the employer must arrange a further meeting in order to discuss the grounds of appeal.
6. Within a further 14 days after the meeting the employer must deliver the appeal decision.
An employer on the grounds of eligibility can refuse a request. It can also refuse on procedural grounds provided this falls within one or more of the “prescribed”
· 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
Lucie concludes:
“While each application must be considered on its own personal merits, some of the obvious benefits to accepting a request for flexible working may include increased productivity and job satisfaction and a reduction in sickness absence. Such benefits could ultimately result in a better quality service and value for money. Offering flexible working can also enhance a company’s image and many companies who have introduced flexible working experience a reduction in employment and training costs through improved staff recruitment and retention.”
