Page 31 - BOSS Today Issue 24
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       Are you flexible enough about flexiwork?


           ntil 30 June 2014, the right   even request to work flexibly   limited to a complaint either   Equally, if you have multiple
       Uto request flexible working   in order to spend less time at   that the request was not dealt   requests for flexiwork and can
       was only available to employees   work!                with in time, or that they have   only accommodate a certain
       with children under 17 (or   BOSS members may get an   suffered a detriment as a result   number, take care how you
       disabled children under 18) or   increase in requests as a result   of their request. The maximum   select those who are granted
       those who had responsibilities   of these legislative changes,   compensation is eight weeks’   their requests. If it appears you
       as a carer for some other   and need to be seen to be   pay.                      are accepting the requests of
       dependant. Employers had to   dealing with them properly,   However, members who are   more men than women, or
       follow a statutory procedure   although this will probably   concerned about an inundation   more white employees than
       in dealing with these requests,   be a case of an increased   of such requests can take some   those from a BME (Black or
       within strict time limits.  administrative burden, rather   comfort from the fact that   Ethnic Minority), then you may
         That right has now been   than anything else.        the government has removed   have a discrimination claim on
       extended to all employees                              the statutory procedure, and   your hands.
       with more than 26 weeks’   Act Quickly                 instead requires that the
       continuous service. Eligible   It is worth bearing in mind   request is dealt with within a   Don’t Forget The Benefits
       employees can request a    that employees do not have   ‘reasonable’ timeframe, with a   Finally, don’t forget the
       change to working hours,   an automatic right to work   backstop of three months.  benefits of all this. As Linda
       working time or working    flexibly. The legislation is                           Harrison, BOSS HR Adviser, says
       location. This includes a wide   designed only to protect those   Don’t Discriminate  “Flexible working hours can
       range of working patterns,   who make such a request,   Nevertheless, do beware of   be particularly beneficial to
       such as job sharing, working   not to force employers to   the discrimination aspects of   both employer and employee
       from home, part-time working,   agree. Employees can only   flexible working. It is accepted   in helping to retain vital skills
       compressed hours and       bring a claim to Tribunal if   by the courts that women   which might otherwise be lost
       flexitime. So, for example,   the request is not dealt with   take on the bulk of childcare   if the work/life balance for an
       employees may request to work   in time. The legislation sets   responsibilities, so by denying a   individual has posed a problem.”
       flexibly while undertaking a   out eight business reasons   woman’s flexiwork request, you
       further education course, or   that an employer can give for   could be discriminating against   n FOR FURTHER
       in order to combine working   a refusal, but an employee’s   her by applying a provision   INFORMATION CONTACT
       with helping to care for   ability to take that further to   that disproportionately affects   THE BOSS HR TEAM ON
       grandchildren. Employees may   an Employment Tribunal is   women.                 0845 450 1565


                                                                                        October/November 2014 | BOSS TODAY  31


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