Such kinder conditions are on the increase according to a recent report by the CBI, which concluded:

• 50% of employers offer teleworking or working from home. 
• 93% offer ‘flexible working' of some kind

From the emplyee's point of view it means less time wasted travelling to and from work, and no unpleasant commutes, family commitments are better balanced as school runs can be accommodated or sports day factored in.   There's  no need to engage in office polictics or having to make pleasantries with people you share an office with, so it seems a recipe for happy staff.

But what about the employer ? Are there legal pitfalls and how does flexible working fit into the puzzle of employment rights ?

The ‘Right' to Flexible Working

Eligible employees can ask for all sorts of changes to the typical work pattern. Hours, location, start/finish times, in fact almost everything is up for grabs.

But you must first fall into the right group of employees. Flexible working is designed for parents or carers. Some restrictions apply within these groups as well. But a huge number of workers across the UK are eligible.

Contrary to popular belief, however, an employer does not have to agree. They can refuse, as long as they go about it in the right way. There is a right to have a request fairly and properly considered. But there is no ‘right' to Flexible Working itself.

A number of options might be available. These could include:

• Home working
• Flexitime
• Annualised or compressed hours

Home Working

This looks very attractive but employers may well be tempted to see someone at home rather differently from a conventional employee. This would be wrong.

As long as someone remains your employee, your (extensive) duties continue. Stand back and consider all the duties you owe to your staff.  There are hundreds. You need to consider how they look if your staff are outside the office ?

For example:  

• Are you Working Time compliant ?
• Can you provide meaningful support  ?
• How do you bring them back into the office if it doesn't work out ?
• Has a mandatory risk assessment been done ?

Perhaps home working is not as attractive as you thought. But you cannot just say No either. This could expose you to other risks.

Requests generally come from women. Refusals fall most heavily on women. Before you know it, you may find yourself facing a claim of Sex Discrimination.

Flexitime &  Other Schemes

These can suit mothers with young children. Once again, employers must be alert to legal issues concerning female staff.

Such arrangements change the contractual working day. Under flexitime, core hours must be worked (say 10am to 3pm) to a minimum weekly total. Otherwise workers can set their own hours.

Timekeeping discipline is less likely. If it does arise, employers will find it easier to prove a case. ‘The traffic was awful' is a poor excuse at 10am in the morning and ‘The alarm clock didn't go off' will cause a raised eyebrow.

Lessons

Flexible Working as a concept is here to stay and many thousands of people enjoy the benefits up and down the country. There is nothing wrong with the general concept but the devil may well be in the detail.

Companies must first understand their legal obligations. These are much broader than they may think and involve vague duties like Trust and Confidence. Of course the flip side of all ‘duties' is ‘risk'.

Only by grasping the true implications of decisions can employers create a happy, productive and flexible workforce whether based at home or in the office.

Michael Morse

Tel: 0113 225 8811

E mail: mmorse@godloves.co.uk