Most business owners know that employment legislation can be as changeable as the British weather, and this year certainly has been no exception.
Tribunals are reeling following the introduction of fees and the complex ACAS Early Conciliation Scheme now being mandatory before a claim can be lodged has caused countless problems for both employers and employees.
Another change to employment legislation came into effect as of yesterday when employees will no longer have to have parental responsibility for young children or be a carer to request flexible working.
There will still be some conditions which need to be met before employees can make such a request: 26 weeks’ continuous service; request made in writing containing certain specific information; and one request can only be made per 12 month cycle.
Luke Welsh, head of employment law at Howells Solicitors, said: “A cautionary warning offered to employers would be to always offer an employee who’s made a flexible working request to be accompanied to the meeting, and if their application is turned down, not only does it have to be for one of eight specified business reasons, but an employee must be given the right to appeal against the decision. Just to add insult to injury, the whole process must be completed within three months to ensure the employer doesn’t fall foul of the law.”
Mr Welsh said: "Whatever the weather, such a change is going to create a potential headache for businesses.
"To keep on the right side of the law, employers should update the Flexible Working Policy in their staff handbook, and ensure that both managers and employees are aware of the changes."
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