Work Life Balance - Are You Getting It Right?

Our Employment team of Stuart Snelson and Paula Stuart look at flexible working as more and more people need to juggle commitments at work and at home.

Many of us may associate the concept of work – life balance with spending more time on the golf course or at the health club! Unfortunately there is no legal entitlement for this type of arrangement – maybe one day!

The new Coalition Government have announced plans to remove barriers and extend the right to flexible working. However, no details have been given so we need to look at the position today. At present there is no right to flexible working; simply a right to be allowed to make a request. It only applies to those employees who have a child under 17 years old (18 if disabled) or who care for an adult who is their partner, close relative or co-habitee.If an employee falls within one of these categories and has been employed for at least 6 months then they have the right to request flexible working.

So what is flexible working? Well, it can come in a number of forms and will relate to a variation of an employee’s normal hours of work, their time of work or their place of work, e.g. part-time work, flexitime or home working.

If an employee wishes to exercise his or her right to make a request then there is a formal procedure which they must follow. Firstly, they may only make one request for flexible working in any 12 month period. They must write to the employer setting out their proposals and self certify that they meet the conditions to be eligible. The request must state the effect the change will have on the employer and how any such effect might be dealt with.

If the employer is willing to agree to the proposal then they may simply write to the employee confirming that they agree to the variation and advising when this will take effect. If, however, the employer does not agree to the proposal then they must hold a hearing within 28 days to discuss the request. If a change still cannot be agreed then any refusal must be justifiable and on one of the statutory grounds. Although these grounds are specific, they basically amount to good business reasons such as that the change will have a detrimental impact on the business.

Whilst many employers are reluctant to change ways of working, it is important to recognise that by agreeing to a request for flexible working, it could have a significant positive impact on the business. Even relatively minor changes can bring about real benefits and are likely to lead to more motivated, happier and loyal employees. It can be a good tool to aid recruitment and retention and an added bonus in this difficult economic climate is that it may also result in cost savings to the business.

So the advice to employers is if you receive a request for flexible working, do not immediately dismiss it out of hand. See if you can make it work to the benefit of both you and the employee.

If you need guidance on flexible working please contact Stuart Snelson or Paula Stuart by email or call 01908 692769.