HR UPDATE
Preparing for post-pandemic flexible working requests Members of the HR & Recruitment Sector have been holding regular Bitesize HR sessions via zoom to answer questions and help companies prepare for the return to the workplace. We are grateful for their time and expertise in this area and have provided some further advice below. In light of the recent lifting of restrictions, a marked increase in the number of flexible working requests received by employers is anticipated. An employee with at least 26 weeks’ service has the right to make a request for flexible working. This may be to change the hours they work, the time they work, the place at which they work, to compress their hours or to jobshare. Regardless of the specific request made, or the reason for the request, an employer must deal with it in a reasonable manner and, in any event, within a three-month time period (including any appeal). A request can only be rejected for one or more of the eight prescribed grounds within statute. Where several requests are made, these should be considered on their individual merit and in the order that they are received. It may be sensible to discuss with employees to see if compromise can be made to accommodate everyone but, ultimately, an employer must deal with the request in a reasonable and consistent manner. Failing to deal with a request reasonably, consistently, or at all, could give rise to claims for constructive dismissal and/or discrimination. Nicola Cockerill, Buckles Solicitors LLP, Nicola.Cockerill@buckles-law.co.uk
Many employers have enabled employees to work from home on an emergency basis over the last 18 months. As employers now seek to “regularise” homeworking and hybrid working arrangements they should consider whether any existing policies meet these new circumstances. Those employers entering into homeworking arrangements or introducing hybrid working arrangements will need to address a range of practical issues within their homeworking/ hybrid policies, including: 1. Measures to protect confidential information and personal data 2. Reviewing the health and safety implications of the arrangements, including carrying out a risk assessment 3. Deciding whether any special equipment should be provided 4. Considering whether any special planning or insurance arrangements are required 5. Deciding what arrangements should be made for the management and supervision of homeworkers and hybrid workers 6. Considering the tax consequences of homeworking and hybrid working. Employers will also need to review their other policies, as these are likely to have adapted over the last 18 months, in particular the following: 1. Sickness absence and pay 2. Disciplinary rules and procedure 3. Harassment and bullying policy 4. Annual leave policy 5. IT and communication systems and monitoring policy Claire Berry, Price Bailey Legal Services LLP, cab@pricebaileylegalservices.co.uk 8 connected
