Industry: Any
Roleshare: Flexible Working
Employers must consider all requests for flexible working arrangements fairly and reasonably.
The right to request flexible working arrangements was introduced in the Employment Rights Act 1996 and extended to all employees with 26 weeks’ service in April 2014. Employees can make one request every 12 months. There is a long awaited Flexible Working Bill currently passing through parliament to "give workers the right to flexible working from the first day of employment except in exceptional circumstances; to require employers to offer flexible working arrangements in employment contracts and advertise the available types of such flexibility in vacancy notices; and for connected purposes."
Currently, employers must consider all requests for flexible working arrangements fairly and reasonably. They can only refuse a request if there is a business reason for doing so, such as an impact on costs or productivity. This is why job sharing is a good solution for many employers and employees because it can be structured in a way that meets the needs of both parties. Employeers get two part-time employees for about the price of one full-time employee, and employees get to share the workload and have more time for other commitments.
There is no guarantee that a request for flexible working will be accepted, but if an employer refuses the request, they must have a business reason for doing so. If an employee thinks their request has been unfairly refused, they can make a claim to an employment tribunal.
Sophie Smallwood, co-Founder of Roleshare, a matching platform that helps companies retain, re-deploy, and attract talent through job share, says "for an employer presented with a flexible working request, if they're concerned about productivity, UK research has shown job shares are more productive than even full time employees. If cost is a concern, the job shares can do 5 days together, though 6 days is the more common set up."
If you're an employer, you might also want to offer flexible working options to:
• Attract and retain good staff
• Reduce staff turnover and absenteeism
• Increase productivity and motivation
• Improve work-life balance
If you are an employee considering making a request for flexible working arrangements, it is advisable to discuss your plans with your employer in advance. This will give them the opportunity to understand your needs and explore how they could be accommodated within the business.
The government website has more information on the right to request flexible working arrangements.
The law on flexible working arrangements in the UK may vary depending on devolution. For example, in Scotland, employees have the right to make a request for flexible working patterns after 26 weeks’ continuous employment, regardless of caring responsibilities.
If you have any further questions about your rights as an employee, you should seek advice from an experienced employment lawyer.
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