It’s not surprising that flexible working is a hot topic at the moment, given that so many of the working population are carrying out their jobs from home. Even the most reluctant line managers have had to embrace the world of homeworking through necessity and just maybe, the Covid-19 ways of working has convinced them that it actually works.
A number of high profile business leaders, including the bosses of Barclays and WPP, the world’s largest employer in advertising and marketing, have acknowledged that when lockdown ends we will return to a “new normal” workplace. Continuing the theme of flexible working, and the piece I wrote for Jarred Consulting recently, this week I am taking a look at flexible working given the likely increase in demand whether driven by employees or employers.
“I think the notion of putting 7,000 people in a building may be a thing of the past, and we will find ways to operate with more distancing over a much longer period of time”.
Jes Staley, Barclays Chief Executive
Policy
Many employers have a flexible working policy in place – even so, now would be a good time to review it in anticipation of demand or a change in approach by employers. If not, and you’re putting one in place, remember it should be consistent with the Acas Code of Practice.
As a reminder, employees have the right to request flexible working if they’ve been employed for 26 weeks or more and haven’t made a flexible working request in the last 12 months. The right to request is not of course the same as a right to demand and employers can decline requests, but only for particular reasons, namely:
- on the basis of cost
- inability to reorganise work amongst other staff
- inabilty to recruit other staff
- negative effect on quality, ability to meet customers’ needs, or performance
- availability of work at the time the employee wants to work
- planned changes to the business which means the request can’t be met (e.g. restructuring plans)
In keeping with the Acas Code of Practice employees’ requests, including appeals, should be dealt with within a maximum of three months although I’d always advocate dealing with such matters in as timely a matter as possible.
More than homeworking
Homeworking is probably what’s on most people’s mind at the moment, and understandably so but flexible working has numerous facets including:
- changes to start and finish times
- changes to the number of contracted hours
- flexitime
- compressed hours (the same number of hours per week but over fewer days)
- working somewhere other than home
- job sharing
And changes may only be for particular days or particular times of the years e.g. during school holidays.
Process
Employees need to submit their request in writing. Importantly they should set out the potential impact of their request, and how that impact could be managed, along with the date they want their new arrangement to commence.
The point of most discussion will usually be the impact on the employer but if the request is one that can easily be accommodated then there’s no need to meet with the employee. When meetings are required, employees have the right to be accompaied by a work colleague.
Once a decision has been reached this should be confirmed to the employee as soon as possible, bearing in mind any new working arrangements will be a change to the employee’s terms and conditions of employment. If temporary, then the date that the revised working arrangement ends should be clearly set out.
Whilst there’s no right to appeal against a decline to the request, the Acas Code clearly sets it out as good practice and it will of course demonstrate a fairer process and may bring new information to light. Remember though the process, including appeals, should be concluded within three months.
Compromise
In my experience employees usually request what is the ideal solution for them, however invariably there is room for compromise. Do therefore keep an open mind and keep an open dialogue as this may lead to a middle ground that can be accommodated. And if you’re not convinced that’s a good idea then think about the engagement levels of the employee whose request is flatly denied versus one for whom the end result is being able to work flexibly, even if not quite what they wanted.
Trial periods
A trial period provides a safe opportunity to give it a go and this can be beneficial to both employer and employee. Some things to bear in mind, however:
- the trial should be of reasonable duration
- be clear about when it will be reviewed
- be clear what will happen if it doesn’t work out i.e. the employee returns to their previous working pattern
- be careful about to whom trial periods apply so as to avoid any criticism that certain individuals were unfairly treated – it may be better to subject all requests to a trial period
Silver lining
If Barclays and WPP are anticipating significant changes in a new, more flexible workplace, they are far from alone. The view that “it won’t work for us”, or “we’ve always done things that way” will be very hard if not impossible to justify. Time and again we read of the financial benefits of flexible working so I for one am glad that there is at least one silver lining in these difficult times.