Bend but don't break
Flexible working rules will extend to all employees next month. Fleur Doidge asks how the channel can deal with this challenge internally
It might not be necessary to get bent out of shape about flexible working. Even though the UK government is from 30 June this year extending the right to request flexible working to all employees - so long as they have 26 weeks' minimum tenure under their belt - the word from the IT channel is that many companies have already incorporated more flexibility into their staff contracts.
Andy Dow, marketing director at Tech Data, is comfortable enough with the concept of flexible working to make a joke about it, beyond the now-standard quips about whether an employee who is out of the office is likely to be doing any real work at all.
"They can work any combination of hours a day, as long as the total they work each day does not drop below 24!" he says. "More seriously, though, we do have some flexible working hours and it works well."
At Tech Data, a flexible working programme works in part because it enables the individuals participating to achieve their work goals while still managing to fit them in around their personal circumstances.
"But it cannot be available in all roles: for example, some customer-facing roles," Dow (pictured, right) notes.
Ian Kilpatrick, chairman of VAD Wick Hill, essentially agrees: "We have flexible working for some roles and we do not have any problems with it."
How about in the buttoned-down, uber-conservative world of the financial services district in the City of London?
Alex Cook, sales director at City-based printing and photocopying VAR CopyLogic, says that they too have a flexible-working scheme that applies in appropriate circumstances.
"We do enable our staff to work from home, et cetera. Especially sales staff who live further away from the office than others," Cook says.
"I would say though that I personally don't think you get quite as much work done if you're not in the office, but that doesn't stop me from allowing it."
The current, more formal, statutory procedure for making flexible-working requests is to be ditched this year as well. Instead, employers will simply be expected to consider "all requests in a reasonable manner". A draft Code of Practice for employers is currently available on the Advisory, Conciliation and Arbitration Service (ACAS) website.
Employees can make the request only once in any 12-month period. For their request to fall under the Employment Rights Act 1996 et al it must be in writing and include certain specific information. As per the draft Code of Practice, the staffer must state that they are making a statutory request and date it.
He or she must outline the specific change to working conditions they are requesting and say when they would like the changes to start. He or she should also say how this change might affect the employer - and how such an effect might be dealt with. If a previous request for flexible working has been made, that too should be outlined.
The employer, on the other hand, has a duty to ensure the employee knows how to make the statutory request, including what information he or she needs to include in the application for it to be valid under the law.
"You should consider the request carefully looking at the benefits of the requested changes in working conditions for the employee and your business and weighing these against any adverse business impact of implementing the changes. In considering the request you must not discriminate unlawfully against the employee," the draft Code explains.
"Once you have made your decision you must inform the employee of that decision as soon as possible. You should do this in writing as this can help avoid future confusion on what was decided."
Perhaps the request could be approved with modifications? If so, this must be discussed with the employee.
Reasons for refusal
If the employer refuses, they must have a reason and the reason must be one of the following:
*the burden of additional costs
*an inability to reorganise work among existing staff
*an inability to recruit additional staff
*a detrimental impact on quality
*a detrimental impact on performance
*detrimental effect on ability to meet customer demand
*insufficient work for the periods the employee proposes to work; or
*a planned structural change to the business.
The employee has a right to appeal a refusal.
Pierre Hall, solutions director for workplace and software at Computacenter, gives a nod to the concept that each request and circumstance must be considered on its own merits.
"One of the key things we've learned about flexible working is that you cannot take a one-size-fits-all approach. Our staff all have different lifestyles, communication preferences and roles, and it's important to factor this into flexible working arrangements and enterprise mobility platforms," Hall confirms.
"It's not easy, but once you have this analysis, you can offer the best solution and device to fit their needs and empower them."
Martin Large (pictured, left), chief executive of distributor Steljes, says it pays for the organisation to work out which job roles actually require the person to be in the office - either at certain times or for the full working week. Some positions may even benefit from a freeing up, as it were, of location.
Steljes is hoping to have a flexible-working plan developed and ready within the next two months or so, he said.
"There are people who work from home and have to adopt such practices anyway," says Large. "And it's all about lifestyle balance - and getting greater staff engagement. We haven't at the moment seen any disadvantages from flexible working, but we're literally going through the process of assessing, planning and developing it right now."