The document summarizes new regulations on flexible working in the UK that took effect in June 2014. It discusses eligibility for flexible working requests, the procedures for making and dealing with requests, potential outcomes like agreeing to new terms or rejecting for a valid reason, and appeals processes. It provides guidance for employers on complying with the regulations in a reasonable manner and avoiding discrimination complaints. The key change discussed is expanding eligibility for flexible working requests beyond those with child or elder care responsibilities.
HR Redundancy and Restructuring by James Sinclair Taylor, Russell CookeCFG
This document summarizes redundancy and restructuring procedures for employers in the UK charity sector. It defines redundancy as dismissal due to reasons such as business or workplace closure or a reduced headcount. It outlines alternatives to redundancy like natural wastage or reducing overtime. The document also discusses varying employee contracts, identifying redundancy pools, selection criteria, consultation requirements, suitable alternative employment, entitlements, and best practices for minimizing legal risks.
This document discusses various topics related to employee placement, promotion, transfer, demotion, separation and termination. It defines these terms and outlines factors that influence them such as personal characteristics, nepotism, seniority and performance. Reasons for promotion, demotion, transfer, layoffs, resignation and retirement are provided. Regulations regarding security of tenure, authorized causes for termination and resignation requirements are summarized. Finally, different types of employment like regular, probationary and contractual are defined.
1. The document is an offer letter extending an offer of employment to the candidate for the position of [Designation] in the [Name of Function] department based in [Location of Posting].
2. The letter details the candidate's reporting manager, annual salary, and other allowances as per company policy. It requests the candidate to submit documents including degree certificates and past employment details at the time of joining.
3. The company looks forward to welcoming the candidate and the offer is valid until the [Expected date of joining]. The candidate is requested to sign and return the offer letter along with their resignation acceptance from their current employer.
This document is a contract of employment between Best Chemical Engineering Firm and an employee. It outlines the terms of employment such as job title (Chemical Engineer I), compensation (PHP 99,700 monthly salary), benefits (vacation leave, health insurance), work hours (8 hours per day, Monday to Friday), and grounds for termination. The contract specifies the confidentiality obligations of the employee and that company rules are binding. It is intended to represent the full agreement between the employer and employee.
The document defines key terms related to employment such as employer, employee, and exempted employees. It summarizes the coverage of Title I of the Labor Code of the Philippines (LCP) regarding hours of work, weekly rest periods, and holidays. The LCP covers all employees except for government employees, managerial employees, field personnel, members of the employer's family, domestic helpers, and workers paid by results. The document discusses how to determine if an employee is exempt and provides examples of employment relationships covered by the LCP. It also summarizes the normal hours of work and compensation requirements for overtime work.
The Employment Code Bill was issued on 13 February 2019 and proposes significant changes to Zambia's employment laws. It repeals and replaces four existing acts related to employment. Key changes include introducing new forms of leave like paternity leave, increasing maternity leave, mandating overtime pay for all employees who work over 48 hours per week, and enhancing the powers of the Labour Commissioner. The Bill also aims to prioritize employment of Zambian citizens and requires employers to have various employment policies in place. It establishes two new committees to advise on skills and labor issues. The Bill proposes both administrative penalties and criminal offenses for noncompliance.
California's new paid sick leave law requires employers with one or more employees in California to provide up to 24 hours or 3 days of paid sick leave per year to employees beginning July 1, 2015. The law applies to all employees who work over 30 days in a year in California. Employees accrue one hour of paid sick leave for every 30 hours worked. Employers must allow employees to use accrued paid sick leave and carry over unused time to the next year, up to a maximum of 48 hours.
HR Redundancy and Restructuring by James Sinclair Taylor, Russell CookeCFG
This document summarizes redundancy and restructuring procedures for employers in the UK charity sector. It defines redundancy as dismissal due to reasons such as business or workplace closure or a reduced headcount. It outlines alternatives to redundancy like natural wastage or reducing overtime. The document also discusses varying employee contracts, identifying redundancy pools, selection criteria, consultation requirements, suitable alternative employment, entitlements, and best practices for minimizing legal risks.
This document discusses various topics related to employee placement, promotion, transfer, demotion, separation and termination. It defines these terms and outlines factors that influence them such as personal characteristics, nepotism, seniority and performance. Reasons for promotion, demotion, transfer, layoffs, resignation and retirement are provided. Regulations regarding security of tenure, authorized causes for termination and resignation requirements are summarized. Finally, different types of employment like regular, probationary and contractual are defined.
1. The document is an offer letter extending an offer of employment to the candidate for the position of [Designation] in the [Name of Function] department based in [Location of Posting].
2. The letter details the candidate's reporting manager, annual salary, and other allowances as per company policy. It requests the candidate to submit documents including degree certificates and past employment details at the time of joining.
3. The company looks forward to welcoming the candidate and the offer is valid until the [Expected date of joining]. The candidate is requested to sign and return the offer letter along with their resignation acceptance from their current employer.
This document is a contract of employment between Best Chemical Engineering Firm and an employee. It outlines the terms of employment such as job title (Chemical Engineer I), compensation (PHP 99,700 monthly salary), benefits (vacation leave, health insurance), work hours (8 hours per day, Monday to Friday), and grounds for termination. The contract specifies the confidentiality obligations of the employee and that company rules are binding. It is intended to represent the full agreement between the employer and employee.
The document defines key terms related to employment such as employer, employee, and exempted employees. It summarizes the coverage of Title I of the Labor Code of the Philippines (LCP) regarding hours of work, weekly rest periods, and holidays. The LCP covers all employees except for government employees, managerial employees, field personnel, members of the employer's family, domestic helpers, and workers paid by results. The document discusses how to determine if an employee is exempt and provides examples of employment relationships covered by the LCP. It also summarizes the normal hours of work and compensation requirements for overtime work.
The Employment Code Bill was issued on 13 February 2019 and proposes significant changes to Zambia's employment laws. It repeals and replaces four existing acts related to employment. Key changes include introducing new forms of leave like paternity leave, increasing maternity leave, mandating overtime pay for all employees who work over 48 hours per week, and enhancing the powers of the Labour Commissioner. The Bill also aims to prioritize employment of Zambian citizens and requires employers to have various employment policies in place. It establishes two new committees to advise on skills and labor issues. The Bill proposes both administrative penalties and criminal offenses for noncompliance.
California's new paid sick leave law requires employers with one or more employees in California to provide up to 24 hours or 3 days of paid sick leave per year to employees beginning July 1, 2015. The law applies to all employees who work over 30 days in a year in California. Employees accrue one hour of paid sick leave for every 30 hours worked. Employers must allow employees to use accrued paid sick leave and carry over unused time to the next year, up to a maximum of 48 hours.
New flexible working regime in the United Kingdom Ius Laboris
The legal right to request flexible working arrangements in the UK was extended to all employees with 26 weeks of service starting June 30, 2014. Previously this right was restricted to employees with child or elder care responsibilities. Along with this change, the process for handling requests was replaced with a requirement for employers to deal with applications in a "reasonable manner" within three months. Employment tribunals must consider guidelines from ACAS, the UK conciliation service, when determining if an employer behaved reasonably. While the process changed, the reasons an employer can deny a request and penalties for improper handling remained the same.
The document summarizes changes to UK employment law regarding contract variations, whistleblowing, tribunal fees, and employee shareholders.
On contract variations, it discusses variation clauses, implied terms of trust and confidence, gaining employee agreement, consideration, dismissal and rehiring. On whistleblowing, it outlines new requirements that disclosures be in the public interest and removes the good faith requirement. For tribunal fees, it introduces fees for claims and outlines the two-tier fee structure and fee remission system. Finally, it presents the new employee shareholder status that trades statutory rights for business shares.
Baker & McKenzie Doing Business in Poland - Chapter 9 (Employment Law)Baker & McKenzie Poland
This document summarizes key aspects of Polish employment law, including:
- Polish labor law is statutory and regulates employment relationships. Employment agreements can be for a fixed term or indefinite duration.
- In a merger or takeover, employees are automatically transferred to the new employer without needing new contracts. Both current and new employers are responsible for pre-existing employment obligations.
- Employment contracts can be terminated by either party with appropriate notice periods ranging from two weeks to three months depending on length of employment. Unjustified termination allows employees to request reinstatement or compensation.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2014, and what they teach about managing your workforce – together with our practical tips.
Also hear about what is coming up in 2015, and how you can get ready for what will be another busy year in employment law.
Topics that are covered include:
• changes to TUPE
• changes to flexible working
• shared parental leave
• the holiday pay cases
• equal pay audits
• social media
• zero hours contracts
• discrimination update
• what’s coming up in 2015.
Early Bird - Changing Terms and Conditions of Employment lisahayward
The document discusses several cases related to changing terms and conditions of employment contracts:
1) Samuel Smith Old Brewery v Marshall upheld dismissing employees who refused a staffing reduction, as the grievance process did not need completing first.
2) Munchkins Restaurant Ltd v Karmazyn awarded employees £15,000 each for sexual harassment and constructive dismissal, "putting up with" issues does not make them acceptable.
3) Rawlings v The Direct Garage Door Company Ltd allowed sick employees to defer holiday/pay between employment years.
4) Geys v Societe Generale ruled termination effective when notice payment received, not just communicated.
5) Employers can change contracts
An overview of the employment seminar from Harrison Clark Rickerbys solicitors, covering the changes made to flexible working.
For more information, visit http://www.hcrlaw.com
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
Employment Law Update: essential updates and practical guidance for employersPat Coyle
A broad-ranging presentation focussed on keeping you up to date with current Employment Law and the effect that legislative changes and case law may have on your business or workplace
The document summarizes the 2013 UK employment law agenda and selected case law. It outlines the UK government's reforms to employment law from 2012-2015, which aim to reduce regulatory burdens and support a flexible labor market. Key reforms include changes to unfair dismissal qualifications, collective redundancy consultation periods, settlement agreements, whistleblowing rules, and tribunal fees. It also summarizes five cases related to religious discrimination, annual leave, social media use, disciplinary warnings, and volunteer rights.
The document summarizes key points from a presentation on strategic use of employment contracts. It discusses why organizations should use contracts for all employees, not just management. Customizing contracts to different roles and keeping them up to date is important. Considerations like probation periods, termination clauses, restrictive covenants, and policies to protect the employer were covered. Common myths about employment law were also addressed.
The document summarizes updates to UK employment law presented by solicitors at Springhouse Solicitors. Key points include:
- New TUPE regulations make dismissals following a transfer less likely to be unfair and make changing employee contracts after a transfer easier.
- Mandatory ACAS conciliation requires claimants to notify ACAS before bringing employment claims and engage in mandatory conciliation.
- New whistleblowing laws require disclosures to be in the public interest rather than just made in good faith.
- Flexible working laws now give all employees the right to request flexible working regardless of caring responsibilities.
- New parental rights include shared parental leave allowing parents to share maternity/adoption leave and pay.
-
The document discusses remote and flexible working. It provides examples of benefits to organizations that implement flexible working arrangements, including cost savings, improved productivity, higher employee satisfaction and retention. A case study of BT is presented that found savings of £350 million in accommodation costs and other benefits after implementing flexible working. Legal guidelines around the right to request flexible working are also covered.
The newsletter provides updates on recent and upcoming changes to UK employment law in 2014. Key points include:
- Changes to the TUPE regulations regarding dismissals due to relocation, pre-transfer consultation on redundancies, collective agreements, and service provision changes.
- Increases to statutory compensation limits and the introduction of financial penalties for employers in employment tribunal claims. Tribunal fees may also be reimbursed to successful claimants.
- The new mandatory ACAS early conciliation process which comes into effect in April 2014.
- Extension of the right to request flexible working to all employees with 26 weeks of service by June 2014. Employers will have a duty to reasonably consider all requests.
This document discusses the future of loaded rates in enterprise agreements under Australian workplace relations laws. It provides an overview of enterprise bargaining, the better off overall test (BOOT) that agreements must pass, trends towards loaded rates that incorporate penalty rates and allowances into a single pay rate, and recent cases that have addressed loaded rates. The document indicates loaded rates agreements will remain part of bargaining but each employee must genuinely be better off rather than just the majority. It also notes challenges applying the BOOT to casual employees and the approach of Queensland industrial tribunals.
This document provides a summary of the Annual Employment Law Review seminar given by Taylor&Emmet LLP on 5 December 2013. It outlines key changes to employment law over the past year, including reforms to employment tribunals, the introduction of fees, changes to unfair dismissal compensation, and new rules around settlement agreements, whistleblowing, and flexible working. It also provides case law updates on topics like collective consultation obligations and implied contractual rights. The summary concludes by outlining employment law changes expected in 2014 relating to discrimination questionnaires, extended family friendly rights, and new powers for employment tribunals to order equal pay audits.
This document provides guidance to employers on dealing with employee requests for flexible working arrangements under new legal rights. It discusses the eligibility criteria for making flexible working requests, the process employers should follow in considering such requests, including meeting with the employee and providing a written decision within three months. It emphasizes employers should approach requests with an open mind and consider a variety of flexible options, while also balancing the needs of the business. Employers are advised to update flexible working policies and be prepared to justify differences in approving or denying flexible working arrangements.
Staying up to date on the latest changes in employment law is critical for any business owner or HR professional to avoid expensive legal complications, ensure regulatory compliance and cultivate a positive workplace culture.
Our Employment Solicitors, Joanna Smye and Claire Berry deliver a pre-recorded and on demand update webinar that discusses the most important employment law changes on the horizon for 2023/24, reviews key cases from the last six months and provides practical advice on the important learning points to take away.
The document summarizes new regulations on flexible working in the UK that took effect in June 2014. It discusses eligibility for flexible working requests, the procedures for making and dealing with requests, potential outcomes like agreeing to new terms or rejecting for a valid reason, and appeals processes. It provides guidance for employers on complying with the regulations in a reasonable manner and avoiding discrimination complaints. The key change discussed is expanding eligibility for flexible working requests beyond those with child or elder care responsibilities.
Russell-Cooke LLP: Legal update - volunteers of todayAndy Tonner
Jane Klauber of Russell Cooke gave a legal update on the factors you should bear in mind when engaging volunteers with your organisation at our last charity HR Breakfast.
We hope you find the slides useful and we see you at our next event!
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New flexible working regime in the United Kingdom Ius Laboris
The legal right to request flexible working arrangements in the UK was extended to all employees with 26 weeks of service starting June 30, 2014. Previously this right was restricted to employees with child or elder care responsibilities. Along with this change, the process for handling requests was replaced with a requirement for employers to deal with applications in a "reasonable manner" within three months. Employment tribunals must consider guidelines from ACAS, the UK conciliation service, when determining if an employer behaved reasonably. While the process changed, the reasons an employer can deny a request and penalties for improper handling remained the same.
The document summarizes changes to UK employment law regarding contract variations, whistleblowing, tribunal fees, and employee shareholders.
On contract variations, it discusses variation clauses, implied terms of trust and confidence, gaining employee agreement, consideration, dismissal and rehiring. On whistleblowing, it outlines new requirements that disclosures be in the public interest and removes the good faith requirement. For tribunal fees, it introduces fees for claims and outlines the two-tier fee structure and fee remission system. Finally, it presents the new employee shareholder status that trades statutory rights for business shares.
Baker & McKenzie Doing Business in Poland - Chapter 9 (Employment Law)Baker & McKenzie Poland
This document summarizes key aspects of Polish employment law, including:
- Polish labor law is statutory and regulates employment relationships. Employment agreements can be for a fixed term or indefinite duration.
- In a merger or takeover, employees are automatically transferred to the new employer without needing new contracts. Both current and new employers are responsible for pre-existing employment obligations.
- Employment contracts can be terminated by either party with appropriate notice periods ranging from two weeks to three months depending on length of employment. Unjustified termination allows employees to request reinstatement or compensation.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2014, and what they teach about managing your workforce – together with our practical tips.
Also hear about what is coming up in 2015, and how you can get ready for what will be another busy year in employment law.
Topics that are covered include:
• changes to TUPE
• changes to flexible working
• shared parental leave
• the holiday pay cases
• equal pay audits
• social media
• zero hours contracts
• discrimination update
• what’s coming up in 2015.
Early Bird - Changing Terms and Conditions of Employment lisahayward
The document discusses several cases related to changing terms and conditions of employment contracts:
1) Samuel Smith Old Brewery v Marshall upheld dismissing employees who refused a staffing reduction, as the grievance process did not need completing first.
2) Munchkins Restaurant Ltd v Karmazyn awarded employees £15,000 each for sexual harassment and constructive dismissal, "putting up with" issues does not make them acceptable.
3) Rawlings v The Direct Garage Door Company Ltd allowed sick employees to defer holiday/pay between employment years.
4) Geys v Societe Generale ruled termination effective when notice payment received, not just communicated.
5) Employers can change contracts
An overview of the employment seminar from Harrison Clark Rickerbys solicitors, covering the changes made to flexible working.
For more information, visit http://www.hcrlaw.com
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
Employment Law Update: essential updates and practical guidance for employersPat Coyle
A broad-ranging presentation focussed on keeping you up to date with current Employment Law and the effect that legislative changes and case law may have on your business or workplace
The document summarizes the 2013 UK employment law agenda and selected case law. It outlines the UK government's reforms to employment law from 2012-2015, which aim to reduce regulatory burdens and support a flexible labor market. Key reforms include changes to unfair dismissal qualifications, collective redundancy consultation periods, settlement agreements, whistleblowing rules, and tribunal fees. It also summarizes five cases related to religious discrimination, annual leave, social media use, disciplinary warnings, and volunteer rights.
The document summarizes key points from a presentation on strategic use of employment contracts. It discusses why organizations should use contracts for all employees, not just management. Customizing contracts to different roles and keeping them up to date is important. Considerations like probation periods, termination clauses, restrictive covenants, and policies to protect the employer were covered. Common myths about employment law were also addressed.
The document summarizes updates to UK employment law presented by solicitors at Springhouse Solicitors. Key points include:
- New TUPE regulations make dismissals following a transfer less likely to be unfair and make changing employee contracts after a transfer easier.
- Mandatory ACAS conciliation requires claimants to notify ACAS before bringing employment claims and engage in mandatory conciliation.
- New whistleblowing laws require disclosures to be in the public interest rather than just made in good faith.
- Flexible working laws now give all employees the right to request flexible working regardless of caring responsibilities.
- New parental rights include shared parental leave allowing parents to share maternity/adoption leave and pay.
-
The document discusses remote and flexible working. It provides examples of benefits to organizations that implement flexible working arrangements, including cost savings, improved productivity, higher employee satisfaction and retention. A case study of BT is presented that found savings of £350 million in accommodation costs and other benefits after implementing flexible working. Legal guidelines around the right to request flexible working are also covered.
The newsletter provides updates on recent and upcoming changes to UK employment law in 2014. Key points include:
- Changes to the TUPE regulations regarding dismissals due to relocation, pre-transfer consultation on redundancies, collective agreements, and service provision changes.
- Increases to statutory compensation limits and the introduction of financial penalties for employers in employment tribunal claims. Tribunal fees may also be reimbursed to successful claimants.
- The new mandatory ACAS early conciliation process which comes into effect in April 2014.
- Extension of the right to request flexible working to all employees with 26 weeks of service by June 2014. Employers will have a duty to reasonably consider all requests.
This document discusses the future of loaded rates in enterprise agreements under Australian workplace relations laws. It provides an overview of enterprise bargaining, the better off overall test (BOOT) that agreements must pass, trends towards loaded rates that incorporate penalty rates and allowances into a single pay rate, and recent cases that have addressed loaded rates. The document indicates loaded rates agreements will remain part of bargaining but each employee must genuinely be better off rather than just the majority. It also notes challenges applying the BOOT to casual employees and the approach of Queensland industrial tribunals.
This document provides a summary of the Annual Employment Law Review seminar given by Taylor&Emmet LLP on 5 December 2013. It outlines key changes to employment law over the past year, including reforms to employment tribunals, the introduction of fees, changes to unfair dismissal compensation, and new rules around settlement agreements, whistleblowing, and flexible working. It also provides case law updates on topics like collective consultation obligations and implied contractual rights. The summary concludes by outlining employment law changes expected in 2014 relating to discrimination questionnaires, extended family friendly rights, and new powers for employment tribunals to order equal pay audits.
This document provides guidance to employers on dealing with employee requests for flexible working arrangements under new legal rights. It discusses the eligibility criteria for making flexible working requests, the process employers should follow in considering such requests, including meeting with the employee and providing a written decision within three months. It emphasizes employers should approach requests with an open mind and consider a variety of flexible options, while also balancing the needs of the business. Employers are advised to update flexible working policies and be prepared to justify differences in approving or denying flexible working arrangements.
Staying up to date on the latest changes in employment law is critical for any business owner or HR professional to avoid expensive legal complications, ensure regulatory compliance and cultivate a positive workplace culture.
Our Employment Solicitors, Joanna Smye and Claire Berry deliver a pre-recorded and on demand update webinar that discusses the most important employment law changes on the horizon for 2023/24, reviews key cases from the last six months and provides practical advice on the important learning points to take away.
Similar to HR Breakfast - Russell-Cooke Legal Update - 09.07.2014 (20)
The document summarizes new regulations on flexible working in the UK that took effect in June 2014. It discusses eligibility for flexible working requests, the procedures for making and dealing with requests, potential outcomes like agreeing to new terms or rejecting for a valid reason, and appeals processes. It provides guidance for employers on complying with the regulations in a reasonable manner and avoiding discrimination complaints. The key change discussed is expanding eligibility for flexible working requests beyond those with child or elder care responsibilities.
Russell-Cooke LLP: Legal update - volunteers of todayAndy Tonner
Jane Klauber of Russell Cooke gave a legal update on the factors you should bear in mind when engaging volunteers with your organisation at our last charity HR Breakfast.
We hope you find the slides useful and we see you at our next event!
The document discusses the legal definitions and status of volunteers. It notes that there is no single legal definition, but volunteers are generally defined by not being employees or workers. It provides guidance on avoiding creating a legally binding contract with volunteers to maintain their volunteer status. It summarizes several relevant legal cases that examined whether individuals were volunteers or legally considered employees. The document concludes with discussing other related issues like health and safety obligations and vetting/recruitment of volunteers.
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This document discusses the legal definition and status of volunteers. It notes that there is no single legal definition, but volunteers are generally defined by not being employees or workers. It provides guidance on avoiding creating a legally binding contract with volunteers to maintain their volunteer status. It summarizes several past court cases that examined whether individuals were volunteers or legally considered employees based on the arrangements and agreements in place. The document concludes with discussing other relevant issues regarding volunteers such as health and safety obligations, data protection, and intellectual property rights.
Thanks to Jamie Ward-Smith for a brilliant presentation at our last Charity HR Breakfast. Here you can find the full slides on Do-it and "Why the volunteers of today are the employees of tomorrow".
Thanks to Jamie Ward-Smith for a brilliant presentation at our last Charity HR Breakfast. Here you can find the full slides on Do-it and "Why the volunteers of today are the employees of tomorrow".
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2. Introduction
Law changed on 30 June 2014 – The Flexible Working
Regulations (“FWR”) 2014, Part 9 of Children’s and
Families Act 2014
ACAS Code of Practice and Guide
Previously request to work flexibly only open to those
caring for children or adults
Will this lead to the cultural change envisaged?
3. Legal position since 30 June
Eligibility
Only open to employees. Right applies to fixed-term
employees and those already working under a flexible
working pattern
Requests cannot be made by agency workers,
members of the armed forces or employee
shareholders
Employee must have 26 weeks’ continuous service by
the date on which they make the request (regulation 3)
Only one request can be made under the statutory
scheme within any 12 month period
4. Procedure for requests
Meant to be less procedural
A valid application must:
be in writing;
be dated;
specify the change the employee is seeking and when
they would like it to take effect;
Explain what effect, in any, the change would have on
their employer and how in the employee’s opinion any
such effect could be dealt with;
State whether the employee has previously made an
application the employer, and if so, when
Section 80F (2) ERA 1996 and Regulation 4, FWR
5. How to deal with a request
Deal with request in a “reasonable manner”
Notify employee of decision within the decision period
Trial periods
Refuse on the grounds of a prescribed reason
Dealing with several requests simultaneously
Informal requests for flexible working
6. Dealing with requests in a
reasonable manner
No statutory definition
ACAS Code of Practice and ACAS Guide
ACAS Code, para 4 – employers should arrange to talk
with employees as soon as possible after receiving request
Good practice to let an employee know if there will be any
delay in discussing the request
Employers should make employees fully aware of the
impact of the change on their employment e.g. if resulting
in reduction in salary, bonus or pension entitlements.
Employers to consider if appropriate to advise employee to
seek advice from appropriate benefit provider
7. Dealing with requests in a
reasonable manner
ACAS Code recommends that employees be entitled
to be accompanied by a work colleague
Meetings should take place at a private place where
discussions will not be overheard
Employers should consider requests carefully,
weighing up the benefits of the requested change and
any possible adverse impact
8. Decision Period
Decision period is 3 months or longer if agreed between the
parties (section 80G (1B) ERA 1996)
A request is deemed to be received:
on the day of transmission if sent electronically (where
employers have agreed to receipt electronically);
the day it would have been delivered if sent in the
ordinary course of post; and
If delivered personally, the day it was received
Request to extend the decision period can be made either
before the original period ends or with retrospective effect,
within the three months beginning with the day after that on
which the original decision period came to an end
9. Trial periods
No legal requirement to provide a trial period
ACAS Guide suggests employers may wish to use trial
periods instead of rejecting requests if unsure whether the
arrangements will work or uncertain about impact on
business and other employees’ requests for flexible working
Sensible for employers to extend decision period where
taking into account trial period and possibility of appeal it will
take longer than 3 months to notify the employee of the final
decision
Employees cannot insist upon trial periods although in
appropriate cases an employee may be able to argue they
should be have been offered this as part of dealing with their
request reasonably
10. Reaching agreement
If request agreed the new work pattern will amount to a
permanent contractual variation, unless otherwise agreed.
Consider trial periods and compromise positions
Employer is obliged to issue a section 4 statement – a
written statement of changes to the employee’s terms and
conditions that have been provided in accordance with
section 1 – s. 4 ERA 1996
In addition to s.4 ERA, it will be good practice for
employers to issue new contracts or at least produce a
letter setting out the terms and expressly amending the
contract with effect as from the stated date
11. Reaching agreement
Also good practice for employers to review new working
patterns with employees to ensure that they are working
and meeting both parties’ needs
Once a new working pattern has been agreed any change,
including to revert to the previous working pattern, will be a
contractual variation. Any unilateral change by the
employer will therefore amount to a breach of contract.
Further, if the employee wishes to change their working
pattern they will have to seek their employer’s agreement
to this as they will be unable to make a further flexible
working request for 12 months from the date of their
request
12. Rejecting a request
Ineligibility e.g. lacking requisite service. Advisable to still consider such
requests
Technical flaws: Hussain v Consumer Counselling ET/1804305/04
Refusal for a prescribed reason – S. 80G(1)(b), ERA 1996:
The burden of additional costs
Detrimental effect on ability to meet customer demand
Inability to reorganise work among existing staff
Inability to recruit additional staff
Detrimental impact on quality
Detrimental impact on performance
Insufficiency of work during the periods the employee proposes to work.
Planned structural changes
No reasonableness test – subjective on the part of the employer.
Removal of statutory requirement to include a “sufficient explanation”
ACAS Guide suggests employer’s considerations of requests should be
objective
Consider trial periods and any compromise positions
13. Appeals
No right of appeal
The ACAS Code however suggests that employees should be
allowed to do so. Consequently, it may come to be seen as an
essential part of dealing with flexible working requests in a
reasonable manner
No prescribed grounds of appeal
If possible, appeals should be heard by someone: (i) who was
not involved in the process; and (ii) is more senior than the
original decision-maker
Outcome of appeal should be confirmed in writing, dated and
where the appeal is rejected, state the prescribed ground relied
upon
14. Withdrawing requests
An employee can withdraw a request at any time. However,
they will be prevented from making another request for 12
months from the date of their initial request
An employer can treat a request as withdrawn if:
the employee, without any good reason, fails to attend both
the first meeting arranged by the employer to discuss their
request and the next meeting arranged for that purpose
the employer has allowed the employee to appeal against the
rejection of their request or to make a further appeal and they
fail to attend both the first meeting arranged by the employer
to discuss their appeal and the next meeting arranged for
that purpose
S. 80G (1D), ERA 1996
15. Dealing with several requests at
the same time
ACAS Guide
Employers will need to make value judgments about the most
deserving request(s), considering the merits of each request in the
context of its business
Requests should be considered in the order they are received.
Employers will need to bear in mind, having accepted the first request,
the changes this will make to its business when considering
subsequent requests
Alternatively, employers might wish to have discussions with
employees who have made requests to see if, with some adjustment
and compromise, all of the requests can be accommodated
Overriding requirement: employers must be deal with requests in a
reasonable manner. Employers should ensure that they adopt a
consistent approach in dealing with requests
Employers will also need to take into account any caring obligations or
accommodating a disability when considering multiple requests
16. Informal requests
Nothing preventing employees (including those who are not
eligible) from making informal requests
Employees who are not eligible to make a formal flexible
working request may have other statutory protections which
means that there requests should be carefully considered e.g.
employees who do not have 26 weeks’ of continuous service
who wish to work flexibly due to: (i) their childcare commitments,
or (ii) their disability
Employers should adopt a consistent approach in dealing with
formal and informal flexible working requests
Flexible working policies
17. Complaints and Remedies
Tribunal cannot questions employers’ business decisions or
substitute them with their own decision. Tribunal’s role is
essentially restricted to reviewing the procedure, considering
if it was dealt with seriously and based on the correct facts. A
tribunal will also determine whether the reason for refusal
falls within the prescribed reasons. Webster v Princes Soft
Drinks ET/1803942/2004 and Commotion Ltd v Rutty
UKEAT/0418/05
Time limits – within three months of the relevant date being
the first date on which the employee became entitled to bring
a claim or such period the tribunal considers to be reasonable
where it is satisfied it was not possible to bring a claim within
the initial three-month period
18. Complaints and Remedies
Remedies: order for reconsideration of request and/or an
award of compensation up a maximum of 8 weeks’ pay.
The statutory cap applies (currently £464 per week)
ACAS early conciliation and arbitration schemes. ACAS
Code of Practice on Disciplinary and Grievance
Procedures
Possible discrimination claims e.g. Disabled employees
and duty to make reasonable adjustments
Constructive dismissal
Part-time Workers (Prevention of Less Favourable
Treatment) Regulations 2000
19. Dealing with flexible working
requests – practical tips
Importance of having written procedures in place to
ensure requests are dealt with appropriately in a
reasonable and timely manner
Avoid rejecting applications on technicality points –
better to inform the employee of the error and invite
them to resubmit their application
Demonstrate that requests have been seriously
considered before meetings take place – e.g.
Discussions with relevant line managers, and if
appropriate, other colleagues
20. Dealing with flexible working
requests – practical tips
Consider requests positively – Craddock v Governing
Body of Indian Queens CP School & Nursery and anor
Consider alternatives
Provide clear and coherent explanations
Ensure consistent approach
Keep records
Respond to discrimination questions promptly and
properly