《文化觀察2014》英企業員工有要求彈性上班時間的權利~~~ @ 倫敦達人 The Explorer

根據英國最新的法令《the Flexible Working Regulations 2014》，在英企工作的職員，服務超過二十六周之後，就可以要求彈性上班時間。一年可以申請一次，英企雇主不能夠硬性拒絕，必須給予周全的考慮，就算拒絕員工的提議也必須要提供正當的理由。這對我們有小孩子的上班族來說是一相利多的政策啊。

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《the Flexible Working Regulations 2014 消息原文》

Legislation and Source of Information:

http://www.legislation.gov.uk/uksi/2014/1398/made

http://www.bbc.co.uk/news/business-28078690

Reference and Citation from www.acas.org.uk:

http://www.acas.org.uk/index.aspx?articleid=1616

From 30 June 2014 every employee has the statutory right to request flexible working after 26 weeks employment service.

Key points

Requests should be in writing stating the date of the request and whether any previous application has been made and the date of that application
Requests and appeals must be considered and decided upon within three months of the receipt of the request
Employers must have a sound business reason for rejecting any request
Employees can only make one request in any 12 month period

Making a request

Although employees with less than 26 weeks service do not have a statutory right to request flexible working, some employers may allow all staff to make a request.

To make a request for flexible working employees must:

make their request in writing, state the date the request is made, the change to working conditions they are seeking, and the date they would like the change to take effect
state whether they have made a previous application for flexible work and the date of that application
what change to working conditions they are seeking and how they think this may affect the business e.g. cost saving to the business
if they are making their request in relation to the Equality Act 2010, for example, as a reasonable adjustment for disabled employee

Handling requests to work flexibly

Once a request has been received the employee should arrange a meeting to discuss the request, this should be done as soon as possible, this is not a statutory requirement but is good practice.

This meeting can provide an opportunity to see what changes the employee is asking for and reasons for the change, although the employee may not wish to say why it also allows any compromise to be explored. Although not a statutory requirement, it would be good practice to allow the employee to be accompanied at a meeting by a work colleague or trade union representative.

The law requires the process to be completed within three months of the request being received, this includes any appeals.

Any request that is accepted will make a permanent change to the employment contract, so if the employee wants a temporary change then an agreement may be reached together with any compromise if the original request can not be accommodated.

However, if the employer is willing to grant a request then meeting may not be necessary, but it still may be useful to discuss a request to ensure that the proposal made by the employee is the best solution for both employer and employee.

Employers should considered requests in a reasonable manner and can only refuse them if there is a business reasons for doing so, this reason must be from the following list: