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Managing absence in the workforce

Flexible hours

New legislation to be introduced on 6 April will force all employers to think hard about whether they can offer staff flexible working.

At the moment anyone who has a family under the age of six, or a disabled child under eighteen, has the right to ask to work in a flexible way. Their employer must consider the request and - if they decide to turn it down - give clear business reasons for their decision. Any employer who doesn't follow the proper procedure risks being taken to an industrial tribunal.

From next month this same right will be extended to anyone who cares for an adult. This includes partners, near relatives such as adult children, aunts and uncles, step-relatives, in-laws, grandparents or someone who lives at their address. Eligible staff can ask to change their hours and when or where they work. Once the change has been agreed it will be permanent.

The new law could not be more timely. Women, who are still the main carers for children and adults, now make up over half the workforce. More workers, whether they are parents or have elderly relatives, are also concerned about their work/life balance.

The benefits of flexible working

Vanessa Robinson, Organisation and Resourcing Adviser at the Chartered Institute of Personnel and Development, points out that allowing staff to work in a flexible way can boost productivity. "They will be a lot more engaged and motivated and willing to work harder for you."

Other benefits can include:

  • the ability to attract and retain skilled staff;

  • improved efficiency if staff are working at home or machinery is running non-stop;

  • a better image with customers and your local community;

  • longer opening hours;

  • increased ability to cope with changing market conditions;

  • fewer days lost to sickness.

How flexible is flexible?

Flexible working can mean much more than fitting a worker's hours round the school run and summer holidays. It can range from part-time or flexi-time (when the staff member fits hours around a set core of hours set up by the employer) to job sharing and shift swapping (when staff arrange shifts among themselves).

'Staggered hours' allow staff to start and finish at different times and lets the business stay open longer. Workers can cover their total number of hours in fewer working days or take time off in lieu to make up for extra hours worked.

Other staff might prefer to work from home or another office for all or part of the week. This can save them the time, expense and discomfort of commuting and allow them to see more of their family.

An employee might ask for a paid or unpaid sabbatical for any number of reasons - to pursue a private interest or to spend time with a sick relative. In some businesses the offer of a paid sabbatical every few years can be a powerful incentive to retain staff.

Dealing with a request

The Department of Trade and Industry stresses that the employer should:

  • arrange a meeting to discuss the request;

  • tell the staff member in writing whether their application has been agreed;

  • inform them why they've turned down a request;

  • give the employee a right to appeal;

  • arrange a meeting to discuss the appeal and let the staff member know your decision.

Reasons for turning down a request include extra cost, the effect on quality and performance or lack of orders during the period when the employee wants to work. A third party such as a trade union representative or Acas (Advisory, Conciliation and Arbitration Service) member can help resolve disputes.

If you don't follow the proper procedure, or the employee is unhappy with your reasons, they can take you to a tribunal and you could be forced to pay compensation of up to eight weeks' pay. If you're found guilty of sex discrimination compensation can be unlimited.

Making changes

Discuss changes with all staff beforehand and make sure they understand the business logic. Contracts may have to be changed and different ways of recording output and working patterns introduced.

Homeworkers might need new equipment or a risk assessment of their workplace. Include them in email messages and build regular phone and conference calls, site visits and face-to-face meetings into their schedule.

More information:

Chartered Institute of Personnel and Development

Advisory, Conciliation and Arbitration Service (ACAS)

Department of Trade and Industry

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