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

There are times when an employer may wish to change an employee’s terms and conditions of employment, be it location, pay, hours etc. Often, this is to protect jobs rather than having to consider redundancies. While it is possible to make changes, it is not without legal or commercial risk. For both legal and good people management, it is important to consult with employees about the proposed changes. Any variation cannot be made unilaterally and MUST be agreed with the employee. Considerations if you are thinking about changing terms and conditions: • Are the changes significant enough to amount to a redundancy situation? • Does the contract allow for variation? • What will you do if the employee refuses? If there is agreement, always make sure it is recorded, typically as a contract variation rather than a new employment contract. If not, do you want to abandon your plans or force the changes through? There are practical ways to force the changes through and, while they are not without risk of an employment tribunal claim, they should reduce its value and so could be worth the commercial risk. While this piece gives you a few pointers, we advise you take legal advice before embarking on any process to make any changes. Rebecca Ryan, Leeds Day LLP, rebecca.ryan@leedsday.co.uk

My advice for anyone considering flexible working is to really understand why. Being clear about what you hope to gain from it and where your boundaries are, both for the organisation and for the individuals you employ, is vital. Once you have clarity on this, invest sufficient time and energy in communication. That’s communication in terms of the why, what and how you intended to implement it, but also in terms of the shared practices you will adopt to make sure collaboration and inclusion is not sacrificed, and prevent silo working from creeping in. Shared practices to successfully bring people with you include: • Shared goals; • Shared understanding of roles and functions (remember, in project environments some people may be members of multiple teams); • Shared understanding of resources (budgets, information etc); • Shared principles that guide interactions, decision-making and problem solving. Finally, for me, flexible working is not “one size fits all”. What works in one organisation may not in the next, and it may even vary between teams. Having clarity of your “why”, allows you to identify the solution that’s right for you to create a flexible, productive and inclusive working environment.

Katie Allen www.katieallenconsulting.com

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