RIGHT TO REQUEST FLEXIBLE WORKING

There was much media buzz surrounding the new rules concerning flexible working that came into place on June 30^th 2014. Questions were raised, predictions made and debates ensued. Understandably so, of course, given the rather large leap this piece of legislation has made as opposed to a slow burn of gradual change typical of so many other aspects of employment law.

What I mean by this, is rather than steadily increasing the minority of people who could request flexible work group by group, the government has decided that it will be a universal right for all workers, and in so doing completely eliminating the strict criteria that controlled this area previously. While on the surface this will be seen as a coup for employees, it is also a shrewd move for employers, as a rule for all reduces the risk of discrimination claims that could potentially be brought against them.

Nonetheless, there is a set of legal requirements that both employees and employers must follow under the new ruling. ACAS, the Advisory, Conciliation and Arbitration Service has helpfully issued a code outlining what ‘must’ lawfully be done, and what steps ‘should’ be taken in order to maintain best practice at all times during the request process.

The rules for employees are as follows:

Any employee with 26 weeks or more continuous service has the statutory right to ask to work flexibly. This type of request can only be made once within any 12-month period and must state if and when they have made a previous application for flexible working. The request must be in writing, dated appropriately, and should outline the change to working conditions the employee is seeking, including the date they would the proposed new working pattern to begin.

In making their request, the employee must also consider how the employer will be affected with regards to the role itself, the impact on other team members as well as the wider department/organisation. The employee should also present thoughts on how this could be addressed by the employer.

The rules for employers are as follows:

All written requests must be carefully considered, and meetings should be set up to discuss the request with the employee further if necessary. If a meeting does take place, good employment practice would recommend that you allow the employee to be accompanied by a work colleague for this and any subsequent appeal discussion. The discussion should enable you to get a better idea of exactly what changes they are looking for and consider how this might mutually benefit your business and the employee.

During the deliberation period, employers should carefully weigh up the pros and cons for both parties, but particularly focusing on the likely impact, consequences and repercussions the requested change would have on the business in general.

If you reject the request it must be for one of the business reasons set out in the legislation, as below:

-       the burden of additional costs

-       an inability to reorganise work amongst existing staff

-       an inability to recruit additional staff

-       detrimental impact on quality

-       detrimental impact on performance

-       detrimental effect on ability to meet customer demand

-       insufficient work for the periods the employee proposes to work

-       a planned structural change to your business

Employees can appeal rejections, and it remains within the employer’s duty to allow and enable this to happen. Furthermore, all requests and their appeals have to be considered and a decision made within the first three months of receipt.

Hegarty LLP Solicitors’ Partner Martin Bloom wrote a business surgery column on this topic from a legal perspective, which can be read here on the Peterborough Telegraph website. Fellow Partner Tim Thompson will be discussing the theme of flexible working at our upcoming Employment Law Seminar, which is taking place at Peterborough Arena on Tuesday 9^th September.

For more information about any of the above, feel free to drop us an email at info@annecorder.co.uk

BREAKFAST SEMINAR A SUCCESS

More than 150 of Peterborough’s HR professionals and business people attended last week’s employment law seminar, which we hosted in conjunction with Hegarty LLP Solicitors.

I was delighted to see so many familiar faces, as well as some new ones. This year’s update focused on newly renamed settlement agreements, early conciliation and the latest changes to employment tribunals.

Despite the early morning start, speakers Tim Thompson, Emma Carter and Martin Bloom kept delegates alert and engaged throughout the seminar with their insightful knowledge and expertise on the subjects covered.

One of the key points this year was the introduction of employment tribunal fees, which were brought in at the end of July. All claimants are now required to pay both an issue fee and hearing fee in order to present and see a claim through to conclusion.

Fees of £390 and £1200 are now payable for unpaid wage claims and unfair dismissal cases respectively. This is forecast to reduce the number of claims being brought against employers, yet how severe the impact will be is still up for debate. It is certainly one to watch and listen out for at future updates. 

We will be continuing to work with Hegarty LLP over the coming months in putting together a series of smaller, ‘Lunch & Learn’ briefings. Each session will be assigned an individual topic for more in-depth discussion.

To register your interest please email us info@annecorder.co.uk

#ACRseminar2013

Yes, it’s that time of year again! The team and I at ACR are busy preparing for our annual employment law seminar, held in partnership with Hegarty LLP Solicitors.

The seminar is a popular and well-respected event amongst HR professionals in the region, and we’re pleased to be hosting it once more in the Cambridge Suite at Peterborough Arena, on Thursday 26^th September.

Seasoned presenters Martin Bloom and Tim Thompson will be joined for the third year by their colleague from Hegarty LLP Emma Carter. All three are experts in their field ensuring that delegates receive the most up to date information.

The subjects on this year’s agenda are settlement agreements and the proposed changes to the tribunal process.

There will also be discussions around case law and the most recent changes to employment law legislation.

This year both ourselves and Hegarty’s will be tweeting updates before and during the seminar using #ACRseminar2013 so if you have any questions you would like to ask in advance, please let us know.

You can follow us @ACRPeterborough and @HegartyLLP.

To book your place, please get in touch with us by calling 01733 235298 or emailing info@annecorder.co.uk.

Breakfast seminar success

It was, as always, wonderful to see so many of you willing to suffer an extra early start in order to attend our annual employment law breakfast briefing.

It is testament to the quality of information passed on by the experts from our partners Hegarty LLP Solicitors that we, once again, scored a record attendance at the event at the East of England Showground.

I’m sure Martin Bloom, Tim Thompson and Emma Carter will forgive me for saying the subject matter can sometimes be a little dry, But, by using case law and their own experiences, they manage to make the information both accessible and incredibly useful.

One of the key points this time was the change in the qualifying period for unfair dismissal introduced in April this year. The government has been keen to reduce the amount of tax payers’ money spent on industrial tribunals. In a bid to do that, it has increased the qualifying period for unfair dismissal claims from one year to two.

This means a company can dismiss an employee at any time during their first two years of employment without fear of comeback.

There are always exceptions of course. Under the Equality Act 2012 there is no qualifying period for claims of discrimination. So, someone dismissed within the two year qualifying period could still claim discrimination and that could still lead to a tribunal. For that reason, Tim believes the move may not necessarily make much of a dent in the volume of claims. I’m sure he’ll keep us posted in the effect the change has at future updates.

The presentations also covered bonuses, a contentious issue in many companies, and a case law update. 

These are particularly useful illustrating, as they do, the real life interpretation of important HR legislation we all make it our business to be aware of.

Do let us know by emailing info@annecorder.co.uk if you wish to be kept informed of future events – or if you’d like to suggest topics to be covered.

Bonus payments, tribunals and bacon butties

The finishing touches are being put to the plans for this year’s employment law breakfast briefing.

As usual it means an early start for the ACR team, but one that always feels worth setting the alarm clock for!

Presenters Martin Bloom and Tim Thompson will be joined for the second year by their colleague from Hegarty LLP Emma Carter. All three are experts in their field ensuring that delegates receive the most up to date information. Martin’s role as an employment tribunal judge gives him a valuable insight into the most frequently occurring issues and the challenges employers face which makes him the ideal person to address a room full of HR professionals.

The subjects on this year’s agenda are bonus payments and the proposed changes to employment tribunals. 

There will also be discussions around case law and recent changes to employment law legislation.

The seminar has grown in popularity over the 15 years or so we’ve been holding it. We now have well over 130 companies represented and around 200 attendees who, we like to think, don’t only come for the bacon butties and coffee!

If you haven’t booked your place, there are a few seats left so do get in touch. The date for your diary is Thursday, September 20 with registration starting at 7.30am.