Flexible working arrangements – what a great invention, especially for working parents, people trying to juggle domestic, social and professional aspects of their life, or even just those of us trying to get to the gym/shops/hairdressers more often! But like so many other employment law issues, it can be a complex area – so here are answers to a few of the most common questions I get asked on this topic!

What’s a flexible working arrangement?

It can be anything outside a standard Monday-Friday 9-5 working pattern – so part-time working, compressed hours, different start and finish times, term-time working, working from home, career breaks/sabbaticals, varying leave entitlements etc. can all be types of arrangement. Essentially anything that varies the place, time or terms of your job.

Sounds good – can I have some of that?

Possibly! If you have been with your employer for at least 6 months and have children under 17, a disabled child under 18, or are a carer for someone who lives with you, then you can make a request for a flexible working arrangement to suit you. Some employers though have enhanced provisions, and extend the right to other employees, so check what the score is where you work.

So all I have to do is ask then, and I’ll get it?

Afraid not! You only have the right to ask – not to get. But your employer can’t just say no because they feel like it – they have to give you a good reason from one of the following list:

•                    The burden of additional costs

•                    Detrimental effect on ability to meet customer demands

•                    Inability to re-organise work among existing staff

•                    Inability to recruit additional staff

•                    Detrimental impact on quality or performance

•                    Insufficiency of work during the periods the employee proposes to work

•                    Planned structural changes

(Although that does just about cover everything…!)

So how can I persuade my boss it’s a good idea?

The onus is on you to make a good business case. Your request has to be in writing, and should include:

·                    What specific type of arrangements you’re asking for

·                    The reasons why you need it

·                    How this arrangement may affect the organisation

·                    How these effects can be dealt with

·                    The proposed date on which the new arrangements would start

·                    The date(s) of any previous requests you’ve made for flexible working arrangements

So make sure you have a good solution to any problems that it may cause – e.g. how your job can be covered when you’re not there, or offering to come in for important meetings or be available by conference call etc.

OK, I’ve made a written request – what happens next?

Your employer should meet with you within 4 weeks, to discuss the arrangement you’ve asked for and the practicalities of putting it into place. You can have someone accompany you to the meeting if you like.

My friend is an employment lawyer – can she come with me?

Only if she works for the same company! You can be accompanied by a colleague or Union rep, but not by a random friend, solicitor, your mum etc.

What happens if they say no?

Don’t panic – all is not lost! Your employer will need to write to you within 2 weeks, after making a practical business assessment of your request, and tell you what the outcome is. If they say no, they need to tell you why. You can then appeal against the decision if you think it is unfair, or if it doesn’t fall within the list of lawful reasons to refuse. An appeal basically means going through the whole process again, but with someone else (usually a more senior person) making the decision.

Oh well, I can just send in another request a few weeks later can’t I?

Again, afraid not – you can only make one request in a 12-month period. You’ll have to wait a year before making another request – so make it count!

Let’s think positive – what happens if they say yes?

You will need the new arrangements in writing, as it may constitute a significant change to your terms and conditions of employment, particularly if it affects your hours or salary. But it won’t be a brand new employment contract – you will still have continuity of service with your employer, unless you take a lengthy career break.

Your employer may suggest a trial period of a few months, to see if it all works out in practice for both of you. Make sure you have agreed what will happen if it doesn’t work out, so that you can still go back to your old arrangements if necessary! Your employer should monitor how it all goes anyway, for example keeping track of the work you do if you’re working from home, agreeing in advance what work you will do, having arrangements for calling in sick etc. All of which will make it more likely that your new working arrangement will be a success, so it’s in your best interests that your boss keeps a close eye on things for a while!

I’m an employer – what else should I be doing about flexible working?

First and foremost, have a formal written policy in place so that everyone involved knows what the process is, what they need to do  and what their responsibilities are. This also helps ensure consistency, so there’s less chance of someone complaining that they were treated  differently from someone else! Make sure your policy is well publicised (e.g. through staff handbooks, Intranet etc.) so that all your staff know what they are entitled to, and train managers in how to deal with requests and make appropriate business decisions. Finally, it’s also a good idea to monitor the impact flexible working has on your business – measures such as percentage of staff making requests, percentage of successful requests, how it benefits those staff, any impact on your staff absence/turnover/loyalty/engagement, any impact on other staff affected by a colleague’s flexible working etc. That way you can be sure to make informed decisions that benefit not only your employees, but also your business!