Flexible Working Arrangement Guide
Flexible Working Arrangements GuideA guide for employees and employersEmployees have the statutory “right torequest” flexible working arrangements.This guide explains how the “right to request”under Part 6AA of the Employment Relations(Flexible Working Arrangements) AmendmentAct 2007 works.“Right to request” and “duty to consider”Employers have a “duty to consider” seriouslyany requests from their employees.Part 6AA provides employees with the “rightto request” flexible working arrangementsfrom the first day of employment andemployers have “a duty to consider” anyrequests made under this right.So, employers have a legal obligation toconsider an employee’s request carefully.Start your request earlyEmployers must consider and respond to arequest within one month of receiving it.Consideration may take longer ifcomplications arise.This is designed to ensure that employershave sufficient time to assess the impact ofthe request on their business.It also means that employees requestingflexible working arrangements need to plan inadvance.Talk to your employer as early as possible sothat you can both explore what opportunitiesmight be available well ahead of the proposedstart date for your flexible workingarrangement.How we can all benefitYou may already be familiar with flexibleworking arrangements.These can be agreed between employers andemployees either informally, perhaps througha workplace policy, or by seeking a variationto individual terms and conditions ofemployment under Part 6 of the EmploymentRelations Act 2000.Many employers have already adoptedflexible working arrangements because theysee them as making good business sense.They can help: retain skilled staff and reduce recruitmentcosts raise staff morale and decreaseabsenteeism meet labour market changes moreeffectively.For employees, the opportunity to workflexibly can help them strike a better balancebetween their paid work and otherresponsibilities.Flexible working arrangements benefiteveryone - employers, employees, and theirfamilies.
Making a permanent change to anemployment agreement is a big step andshould not to be entered into lightly.Making a requestWhat impact will a successfulrequest for flexible workingarrangements have on theemployer’s business?It’s a good idea for both employee andemployer to consider a trial period or alimited period of working flexibly so that anyproblems can be ironed out before things areput on a permanent basis.When making your request you need toexplain what changes, if any, the employermay need to make if your request is approved.What kind of changes can beapplied for?It is also a good idea to suggest how theproposed working arrangement may benefitthe business.There is scope to apply for a wide variety ofworking arrangements. Employees can make arequest to vary their: hours of work days of work place of work.For example, you may argue that arriving halfan hour later will have minimal impact on thebusiness as this is the quietest time of the dayand you can make up the time during thelunch period when it is far busier.Flexible working arrangements incorporate awide variety of working practices.Your employer will make the decision onwhether or not your request can be grantedon business grounds rather than yourpersonal circumstances.It doesn’t just mean being able to work parttime rather than full-time or being able tochange shifts.The options available are entirely up to youand your employer.So your application is most likely to succeed ifit shows consideration for your employer’sbusiness needs.Some of the more common options aredescribed in Definitions of Flexible WorkingArrangements.Will the change of workingarrangements be permanent?Make your request in writingUnless you specify that your request for a newworking arrangement will be for a set periodof time, your request will be a permanentchange to your terms and conditions ofemployment.Your request must be made in writing but youcan do this in whatever forms suits you best.You can communicate with your employer by: letter email form.Neither the employee nor the employer has aright to revert back to the previous workingarrangement unless otherwise agreed. So, forexample, if your new flexible workingarrangement involves working reduced hoursyou have no right to revert to working thehours you previously worked unless youremployer agrees that you can do so.ER-009 08/152
Explain, in the employee’s view, whatchanges (if any) the employer may need tomake to the employer’s arrangements ifthe request is approved, e.g. changes tothe way the team works together, changesto the physical set up of the workplace, etcWhat to include in your requestThe clearer your request is, the better itschances of success.It’s up to you to explain the workingarrangement you want and how it can bemade to work for both you and your employer.Things to consider To help you along, we’ve put together twohandy guides:Request Checklist This lists the information you’ll need toinclude in your request and the issues you’llneed to consider when preparing it. How to help your employer approve yourRequestThis lists the types of things you’ll need toinclude to help your employer make adecision. Request Checklist When first putting your request together,make sure you cover the basic points listed inthe Request Checklist. Basics A request for flexible working arrangementsunder Part 6AA must: Be in writing. State the employee’s name. Be dated. State that the request is being made underPart 6AA of the Employment Relations Act2000. Explain the desired working arrangementand whether the new workingarrangement will be permanent or for aperiod of time. Specify the date on which the employeeproposes the new working arrangementtake effect and, if the new workingarrangement is for a period of time, thedate on which the new workingarrangement will end. Keep in mind that a new workingarrangement will normally be apermanent change unless otherwiserequested and agreed.Don’t forget that if your request isapproved, you can’t simply revert back toyour former hours of work if and whenyou want.Remember, you will probably have toagree to a reduction in pay if you wantyour employer to agree to you workingfewer hours.If you have colleagues or friends who arealready working flexibly, ask them abouttheir experiences.Consider how your colleagues will manageif your working arrangement is changed.Think carefully about what effectchanging your working arrangement willhave on your job.Before you take parental leave, you mightwish to discuss with your employer thatyou are interested in requesting to workflexibly on your return.If you want the changes to start on yourreturn from parental leave, you shouldmake your request in good time.If in doubt, you might want to discuss atrial period with your employer.You might be able to agree to have a trialperiod before the time frame for theformal request starts running.The Request Checklist covers the basics.Now you need to build a case that both meetsyour needs and those of your employer. Tohelp you complete this part of your request,we’ve prepared the following guide.Remember, in all cases, it is in your interest tobe as clear and explicit as possible.ER-009 08/153
How to help your employerconsider your request State the date on which you would likeyour new working arrangement to begin. Give your employer plenty of notice —theapproval process can take up to onemonth and sometimes longer if a problemarises. Clarify with your employer about how theylike requests to be made, but ensure thateverything is in writing. Your employermay have their own form. If you areunsure, use Form A: Request Form forflexible working arrangements. Provide as much detail as possible aboutthe working arrangement you would likeand why. Show how your plans would not have anegative impact on your employer’sbusiness and may in fact improve it. Thismay involve, for example, showing thatyou are available to provide extra cover atpeak hours and that this would helpimprove customer service. Show how any potential problems yourplans may present to your employer canbe overcome. For example, you may nolonger be at work when the businessopens but you may be able to show thatthis isn’t important because, either, it isnot a busy time, or, a colleague may beable to stand in for you. Check who will consider your request andmake sure that you submit it to theappropriate person. If the person is absent,it may be necessary to send it to analternative manager. Employees’ responsibilities To ensure the request is made well inadvance of when they want it to takeeffect.To provide enough information to enabletheir employer to give their requestproper consideration.To be prepared to discuss their request inan open and constructive manner.If necessary, be prepared to be flexiblethemselves in order to reach anagreement with the employer.Employers’ rights To reject a request where there is aRecognised Business Ground for doing so.To seek assistance from the Ministry ofBusiness, Innovation & EmploymentEmployers’ responsibilities Flexible Working Arrangements:Rights and Responsibilities ofEmployees and Employers Employees’ rights To have their request considered properlyin accordance with the set process andrefused only where there is a RecognisedBusiness Ground for doing so.Where a request is refused, to have anexplanation for the ground for refusal.To seek assistance from the Ministry ofBusiness, Innovation & EmploymentIn certain circumstances, take a complaintto mediation and the EmploymentRelations Authority. To request a variation to their hours ofwork, days of work or place of work.To consider requests properly inaccordance with the set process, whichincludes answering employees’ requestsin writing.To adhere to the time limits containedwithin the process.To provide the employee with appropriatesupport and information during thecourse of the request.To refuse a request only where there is aRecognised Business Ground and toexplain to the employee in writing why itapplies.To ensure that any variation of theprocess is agreed in advance with theemployee and recorded.ER-009 08/154
What to do when receive arequest for flexible workingarrangementHow to considering arequest for flexible workingarrangement“Duty to consider” a requestTimingEmployers have a legal duty to consider allrequests. You should consider each requestobjectively and not attempt to judge whetherone applicant’s need for flexible workingarrangements is greater than another’s.Employers must deal with a request as soonas possible but no later than one month afterthey received it. Advice on what to thinkabout when considering a request is providedin the Factsheet for Employers.How should requests beacknowledged?What happens if the employerneeds more time to reach a finaldecision?It is best practice to acknowledge receipt ofthe request. An acknowledgement slip isincluded on the bottom of Form A: RequestForm for flexible working arrangements. Thisallows you to readily confirm the date onwhich the request was made and can beparticularly important if there has been adelay in the request reaching you.While the one month’s time limit for dealingwith a request should provide sufficient timefor an employer to make a decision, it ispossible that you may need more. In thesecircumstances, you should discuss this withthe employee and come to an agreementabout when a decision will be reached.What happens if the request isincomplete?What if the employer is unsureabout accepting a request?If an employee fails to provide all theinformation required, you should let theemployee know what they have omitted andask them to re-submit the request whencomplete. You should also inform theemployee that you are not obliged to considerthe request until it is complete and resubmitted.Experience shows that the best way for bothparties to understand each other’s positionand identify a solution that meets all theirneeds is to discuss the request face-to-face.However, such a meeting is not requiredunder the law.A discussion will provide both parties with theopportunity to talk about the desired workingarrangement in depth and consider how itmight be accommodated. It will help if boththe employer and the employee are preparedto be flexible.If the requested working arrangement cannotbe accommodated, a discussion may helpidentify an alternative working arrangement.ER-009 08/155
Would a trial period help?Put it in writingTrial periods can help both employees andemployers because they provide anopportunity, without commitment, to test aparticular arrangement to see if it works outto the satisfaction of all.No matter how informal an arrangement is, itis always a good idea to put it in writing.Recording the terms of the trial period inwriting will ensure both employee andemployer are clear about start and end datesand have an agreed understanding of otherimportant considerations such as a reductionin the employee’s wages or salary.An employee may, for example, be concernedabout making a permanent change to theiremployment agreement, while the employermight be concerned about how the proposedworking arrangement may affect other staffor business operations.Employer/Employee Checklist:Employers – you might want to:A trial period of, say, 12 weeks will give boththe employee and the employer a chance tofind out whether the chosen arrangement willreally work out well in practice. How would a trial period work inpractice? Trial periods can happen in two ways.Option One: Informal requestThe employer gives informal agreement to atrial before the employee submits a formalrequest. After this informal trial period, employer andemployee may conclude that a permanentchange to the employment arrangement isnot the best option. This option also allows the employee to makea formal request at a later date.Make a list or draft an agenda of theissues you want to discuss at the meetinge.g. if you are already aware that therequest can be granted, you may want todiscuss a suitable start date beforeformally accepting the request.Prepare to be flexible. Consider whetherthere are any other workingarrangements you would be willing toconsider or if you would consider anotherstart date or a trial period.Let your employee know if you haveasked another party to join the meeting.Discuss with your staff if they would wantto cover any extra hours that may becreated as a result of granting the request.Familiarise yourself with the differenttypes of flexible working arrangementsavailable.If it would be helpful to involve externalexpertise, be open to the proposition.Employees – you might want to:Option Two: Formal Request A formal request is made but an extension oftime for the employer to make a decision isalso agreed. The trial period then takes place before a finalagreement is confirmed. If the trial period works out successfully, thenew working arrangement can then beconfirmed by a formal agreement.Be prepared to expand on any pointswithin your request.Prepare to be flexible. Your employer mayask if there are any other workingarrangements you would be willing toconsider, or if you would consider anotherstart date or a trial period.Familiarise yourself with the differenttypes of flexible working arrangementsavailable.ER-009 08/156
Approving a request forflexible workingarrangementEmployers are able to refuse a request: on one or more of the followingRecognised Business Grounds. if it conflicts with a collective agreement.Employers who, after considering a request,agree with the new working arrangement,must notify the employee of their approval inwriting. Form B: Flexible workingarrangements request approval form can beused to confirm a new working arrangement.Recognised Business Groundsare: The agreed new working arrangement will bea permanent change to the employee’s termsand conditions of employment, unless agreedotherwise. Where a trial period or timelimited period has been agreed this shouldalso be detailed. Employer Checklist – how to action anapproved request inability to reorganise work amongexisting staffinability to recruit additional staffdetrimental impact on qualitydetrimental impact on performanceinsufficiency of work during the periodsthe employee proposes to workplanned structural changesburden of additional costsdetrimental effect on ability to meetcustomer demand.Conflicts with a collectiveemployment agreementCheck whether you need to inform othersin your organisation, such as yourpersonnel or human resources, of thenew working arrangement.Check to see if the employee’s pay needsamending in light of the agreed workingarrangement.Check if all health and safetyrequirements have been satisfied. Thismight be particularly relevant where theemployee is going to be working fromanother location.Consider who else you need to inform,including other employees.Employers must refuse a request if theproposed new working arrangement conflictswith the provisions of an employee’scollective employment agreement.Situations like this could arise in a number ofsectors and industries.However, there are also likely to be instanceswhere a compromise can be reached betweenthe employer, the employee making therequest, and other employees in theworkplace.Declining a requestEmployers, employees and unions areencouraged to discuss these issues with aview to developing procedures for dealingwith such conflicts before they arise.How should a request be declined?There will always be circumstances where,due to the needs of the business, theemployer feels they are unable to accept arequest.ER-009 08/157
NotificationDear Bill,Employers are required to notify theemployee of their decision, and if the requestis refused, to give reasons for the refusal.I am sorry that I cannot grant your request tochange the days that you work, but to allowyou to not work on a Thursday would have adetrimental effect on the performance of thebusiness.You are required to put your notification inwriting. To make the process a bit easier,we’ve developed a Request Refusal Form.Form C: Flexible working arrangementsrequest refusal form.Thursday is our busiest day of the week, whenall staff are required to ensure that themachinists can continue making curtains whilestock is received, and finished curtains arepackaged ready to be despatched thefollowing morning. You are aware that on aThursday morning we receive our weeklydelivery of fabric. This requires theinvolvement of all staff to help move thematerial from the delivery bay into thestoreroom, before the newly made curtainscan be prepared for despatch the followingmorning.How should the refusal beexplained?In addition to providing a Recognised BusinessGround, the employer must include anexplanation of the reasons for that ground.Making things clear always helps. Employeeswill always be disappointed if their request isdeclined but they are more likely to acceptthat their request has been consideredseriously if the reasons for the decision areclear.As I indicated when we met to discuss yourrequest, if you decide to change the day youwould prefer not to work to one earlier in theweek, then I would be happy to reconsideryour request.Your explanation should include all the keyfacts and clearly identify why the RecognisedBusiness Ground applies in this case. It’s goodbusiness practice and it will also help keepyour staff on side.Yours Sincerely,B.E.M PloyerExample of how to explain thegrounds for a refusalA manager in a small firm that manufacturescurtains receives a request from an employeeto not work on Thursdays. The managerdeclines the request as the weekly fabricdelivery is received on Thursday andpreparations begin for the following day’sdespatch of customer orders. The explanationmight say:ER-009 08/158
resolve the matter in an informal fashion. Insuch circumstances, either party can seekassistance from the Ministry of Business,Innovation and Employment.How to deal with
flexible working arrangements need to plan in advance. Talk to your employer as early as possible so that you can both explore what opportunities might be available well ahead of the proposed start date for your flexible working arrangement. How we can all benefit You may already be familiar with flexible working arrangements.
types of flexible working tips on developing an appropriate arrangement, and information on the value of flexible working. Tip for practices Ensure workplace policies, particularly for flexible working, are capable of implementation in pra
Enabling flexible working: Cross-sector case studies and practice highlights 1 Introduction The widespread demand for flexible working and the significant policy drivers to improve flexible working and increase its use have underscored the need for real-life, evidence-based guidance to support flexible working implementation.
What impact might more part-time and flexible working opportunities have on overall teacher supply? 9 Barriers to part-time and flexible working 9 Benefits to schools from meeting the demand for part-time and flexible working 13 Making it work 14 What policies would encourage school leaders to increase flexible working? 20
4 Flexible working: myth or reality? Recommendation 1 To beat the stigma of flexible working being primarily associated with women, flexible working should be truly available to all. All jobs that can be worked flexibly should be advertised as such, with rare exceptions justified based on business need. Recommendation 2 Introducing a flexible
Flexible working is an enabler of workplace gender equality. As women do the majority of unpaid care in the UK3, the majority of flexible workers are women and an absence of flexible working options can increase the chances that they will leave the workforce.4 Flexible workers report feeling penalised for their working pattern with fewer .
Flexible working options are to be considered in an equitable manner for the whole work unit. Client service and patient care is not to be compromised as a result of flexible working arrangements. 3 Submitting a request to access flexible working arrangements Requests for flexible work should be made in accordance with section 27 of the Industrial
flexible working, most often part-time working (IFF Research, 2014) 75% of employees were aware of the right to request flexible working at the time of the survey (Tipping et al. 2012) Flexible working in schools 23% of teachers in state-funded schools in England work part-time (SW
Araling Panlipunan Ikalawang Markahan - Modyul 5: Interaksiyon ng Demand at Supply Z est for P rogress Z eal of P artnership 9 Name of Learner: _ Grade & Section: _ Name of School: _ Alamin Ang pinakatiyak na layunin ng modyul na ito ay matutuhan mo bilang mag-aaral ang mahahalagang ideya o konsepto tungkol sa interaksiyon ng demand at supply. Mula sa mga inihandang gawain at .
