Flexible working - where do you stand?

David Wright answers some of your common queries relating to flexible working. The question of who can ask for part-time hours or flexible working and how to consider requests continues to give rise to confusion and debate in salons. Too often employees’ requests for flexible hours are considered on the view of the salon owner in total ignorance of the law. I am regularly told by salon owners how they worked full-time with four children and don’t agree with part-time working. We don’t have to agree with the rules, but we do have to adhere to them. Many staff have a legal right to request flexible hours, and not considering such requests can have expensive consequences. Here are some of your common queries on the subject. Which employees have a legal right to request flexible working? Any employee can ask for flexible hours currently, although only the following have a legal right to request, but not demand, flexible working l Parents with a child aged up to 17 (18 if the child is disabled) l If they are a ‘carer’ for a spouse or partner or family member or someone who lives at the same address. I have heard that the rules about flexible working are changing, can you update me please? The Coalition Government, and particularly the Lib Dems, are keen to promote flexible working. You may have read about the proposal that parents can share most of the period of maternity leave. They have also extended the period of parental leave from 13 to 18 weeks. In respect of flexible working, they are proposing that the right to request flexible working should be open to all employees. But, equally important is that they propose that the current application process is scrapped. Currently, there is a highly bureaucratic system with timescales that employers must follow. In future, salon owners would simply have to fully consider requests. I am thinking of asking to go back to the salon on part-time hours after maternity leave. When should I ask and is there a process to follow? Firstly, you have to have been employed for 26 weeks before making an application and, if you make an application, you can’t make another one for 12 months. Currently, there is a long bureaucratic process to go through. For example, the employer has 28 days to arrange a meeting with the employee to discuss the request. It then has 14 days before it must give a written response to the request. It certainly isn’t speedy! The salon owner might have to recruit someone before agreeing to your request. If you are planning to return before the full 12 months’ maternity leave you have to give eight weeks’ notice, but for a flexible hours request I suggest a minimum of 12 weeks. Salon owners have a long list of criteria they can fall back onto to turn down requests such as l The additional costs l The inability to recruit staff to cover the lost hours l Insufficient client demand. I have asked my manager if I can stop working the late finishes as my mother is seriously ill and the local authority care stops at 5pm. The salon owner has just said ‘no chance’ and refuses to talk about it. What options do I have? In the first instance, I would put your request in writing and ask for a written response. You might want to use the internet and print off one of the many articles that would confirm you have a legal right to make the request as you are a carer and how she must consider it. Of course, there are a number of business-orientated reasons why the owner can turn down your request but simply turning it down without consideration isn’t acceptable. The bottom line is that you can raise a grievance or simply resign and claim constructive dismissal at an Employment Tribunal because your employer has not properly considered your request or followed the statutory process. Based upon the facts you have given, you would win your case and be able to claim compensation. Why would some employers allow all employees to apply for flexible working hours? Without getting into the politics you will see above that the Government is planning to give this right to all employees. Whether we agree or not, more and more employees look for flexible hours or breaks from work. There is no retirement age so it’s a long working life potentially, equally there are more opportunities for travel. Increasingly I have been dealing with requests from people who want to take six months or a year out as they have an opportunity to travel or to work abroad or accompany their partner. Equally, employees might decide they would like to return to study on a part-time basis and ask for weekday or early evening time off. Of course, there are the traditional reasons of child or adult care. I know many salon owners see this as simply an irritation. However, turnover in the industry is high and others decide they would rather keep good-quality stylists on a part-time basis than not at all. We also know the industry mainly consists of females, and that many leave the industry because they can’t be offered part-time hours. I am sure this topic attracts divided opinion but my view is that it should also involve a business decision when requests are received.