An employer’s guide to flexible working

A third of working fathers would take a pay cut or settle for a job that is below their skill set to spend more time caring for their children.

The dissatisfaction has been revealed in Working Families’ 2017 Modern Families Index. The survey found that 47 per cent of dads are unhappy with the work-life balance that comes with their current role and want a less stressful job so they can spend more time with their children.

Here, employment law expert Michael Shroot explores what employers can do to offer fathers more flexible working conditions.

The rules

While fathers have had the statutory right to make flexible working requests since June 30 2014, employers must consider the requests but do not have a legal obligation to agree to them.

The request to work flexible hours can only be made by the employee, with applications limited to one per year. To qualify, staff must have worked for the firm for at least 26 weeks on the date the request is made.

The options

There are many forms of flexible working available to fathers, including changing hours of work and altering the amount of time required to work.

Your workforce may also ask to change their place of work by opting to work from home more.

Handling requests to work flexibly

While it is not a statutory requirement, it is good practice for firms to arrange a meeting with the employee to discuss the application.

These type of requests must be dealt with in a reasonable manner, with employers only able to refuse them if there’s a legitimate business reason for doing so.

Firms can refuse a flexible working request if it falls within at least one of eight reasons set out under the Employment Rights Act 1996. These include:

  • the burden of additional costs
  • an inability to reorganise work amongst 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
  • a planned structural changes to the business

A decision must be made and the employee notified within a three-month period, however this time period can be extended by agreement between both parties. Employees should also be offered the chance to appeal the decision.

The importance of offering flexible working

Firms need to do all they can to help fathers achieve a better work-life balance. Employers risk losing invaluable people if they don’t adapt to flexible working requests and offer working fathers the balanced lifestyle they desire.

There’s a worry from many fathers that asking to work more flexible hours may damage their career, so employers need to be proactive in facilitating these aspirations by implementing policies that go beyond the legal call of duty and communicating these internally.

By supporting fathers’ aspirations for a more active role in childcare, firms will attract top calibre staff and reap the rewards of a committed and motivated workforce.

For more information on how to implement flexible working conditions, contact Michael Shroot on 0161 761 4611 or email him at michael.shroot@whnsolicitors.co.uk