Thorogood Reports Series Read Description

Flexible Working

Latest Best Practice for Employers and Employees

Spiral bound
April 2005
9781854183064
More details
  • Publisher
    THO
  • Published
    1st April 2005
  • ISBN 9781854183064
  • Language English
  • Pages 73 pp.
  • Size 8.25" x 11.75"
$195.00

How to make flexible working a big plus for employers too
It's true. Flexible working can bring huge benefits to employers as well as their employees. Provided it's handled properly and both employer and employee understand their rights and how to handle them.

As an employer, get your policy right and you'll gain the following advantages: 1. Retention of staff and knowledge; 2. Saving of recruitment costs; 3. Saving on training costs--and time; 4. Less absenteeism; 5. Improved employee satisfaction and motivation; 6. Increased productivity and profits.

Get your policy wrong and you fall foul of the law and demotivate [or lose] good staff. Are you aware of your rights--as employer or employee?
Recent research shows that far too many individuals, as well as firms, are unaware of flexible working rights. How employers and employees deal with them is of crucial--and increasing--importance to both.

But there is very little published material available apart from statistics and official reports.

This specially commissioned report clarifies the law, sets out the rights of employer and employee and offers valuable practical advice on best practice.

Written by Audrey Williams, Partner in the Employment team at Eversheds, the report contains a wealth of case studies illustrating the most recent decisions in critical new areas, many as yet not tried and tested.

It also explains how Flexible Working rights interact with The Sex Discrimination Act and The Disability Discrimination Act. There have been several cases where employees have based their case on a mixture of flexibility and discrimination.

It's not just about women - it's The Sandwich Generation
Anyone responsible for the care of both their children and parents belongs to the 'Sandwich Generation' [as the EOP calls it].
Flexible working affects everyone in the organisation, across all age groups. Men as much as women. 42% of all carers of older and disabled people are men.*
There are now more over 60's than under 16's in the UK.
By 2006, 45-59 year-olds will form the largest group in the UK labour force.
*Statistic from The Equal opportunities Commission [EOP]

1 INTRODUCTION – BACKGROUND TO FLEXIBLE WORKING RIGHTS
Suite of Rights
Why was it Implemented?
Demographic Changes
The Business Case
The European Perspective
Moving Forward

2 STATUTORY FLEXIBLE WORKING RIGHTS
Who is Eligible?
Parents/Carers of Children
What can be Requested?
Form of Request
Incomplete Applications/Outstanding Information
The Procedural Obligations
Incomplete Applications
Meeting and Response
Right to be Accompanied
Unavailability of Companion
The Companion’s Rights
Unavailability of the Employer
The Meeting
Responding to the Request
Right to Appeal
Failure to Attend
Extending the Timetable – Generally
Grounds for Refusal
Complaints and Remedies


3 PRACTICAL ISSUES AND COMMON CONCERNS
Refusing a Request
Granting a Request/Any Conditions
Proposing an Alternative
Anticipatory Requests for Flexible Working
Consequential Changes to the Contract: Salary and Benefits
Protection from Detriment and Dismissal
Particular Flexible Working Patterns
What Types of Flexible Working can be Requested?
Annualised Hours
Home Working
IDS Study on Home Working
Part-time/Job Share/Compressed Hours – Rest Breaks
Term Time Working
Further Information

4 OTHER FLEXIBLE WORKING RIGHTS
Cases
Other Rights – Sex Discrimination
Why a Discrimination Claim?
Sex Discrimination Remedies
Other Forms of Discrimination
Disability Discrimination
Age Discrimination

5 BEST PRACTICE – KEY RECOMMENDATIONS
Reviewing Existing Policies and Procedures and Introducing New Work Patterns
Attitudes and Behaviour
The Policy Itself

6 FUTURE CHANGES
Just a Family Thing
Conclusion
APPENDICES
Appendix A
Flexible Working Application Form
Appendix B
Summary Flowchart of Process

Audrey Williams

Audrey Williams is a Partner in the Employment team at Eversheds, with particular expertise in Discrimination, Harassment, Equal Pay and Disability Discrimination. The majority of her work is conducted on behalf of employers but she has also represented employees in a number of key discrimination cases. She is a regular contributor to professional journals and author of several books including Applying the Employment Act 2002 [Thorogood] and [co-author] Guide to Contracts of Employment [Croner] and Harassment at Work [Jordans]