Parents at work. Introduction

Transcription

1 Parents at work This booklet is intended to assist anyone dealing with Parents at work. It is one of a series of booklets and handbooks designed to give impartial advice on employment matters to employers, employees and their representatives. Legal information is provided for guidance only and should not be regarded as an authoritative statement of the law, which can only be made by reference to the particular circumstances which apply. It may, therefore, be wise to seek legal advice. Information in this booklet has been revised up to the date of the last reprint - see date below. We also have an Acasl Helpline which can answer most of your questions about employment relations matters including your legal rights and duties. Acas is committed to building better relationships in the workplace and offers training to suit you. From a two-hour session on the key points of new legislation or employing people to courses specially designed for people in your organisation. Click here to find out about training sessions in your area. We also offer hands-on practical help and support to tackle issues in your business with you. This might be through one of our wellknown problem-solving services or a programme we have worked out together to put your business firmly on track for effective employment relations. Introduction Most parents do two jobs they raise children and go to work. It can sometimes be difficult to get the balance right between the two sets of responsibilities. The law helps by giving parents specific employment rights but these rights work best as part of a well thought out policy. Employers need to be aware of the challenges facing parents and consider providing working arrangements that offer greater flexibility. This not only helps parents but can also have business benefits. Many of the best employees also happen to be parents, but they are not the only ones who are concerned with managing two roles. Other employees without children may also have caring responsibilities. All employees work best against the background of well-thought out procedures. Although this booklet focuses on parents at work much of the advice applies to everyone. In this booklet we give practical advice on:

2 how employers can help parents contribute to their business how parents can help employers developing a policy for parents at work the impact the policy may have on other employees the benefits of extending the policy to the whole workforce. We also provide short summaries of legal requirements where they are relevant. Why should you be interested? Employers need to be able to recruit from the widest possible pool of suitable workers and be able to retain skilled people. Parents are more likely to want to work for employers who have policies that provide the support they need. Employers need to keep up-to-date with changes to their legal responsibilities. The Employment Act 2002 for example gives working parents more flexibility and time off at work. These laws provide mothers with extended maternity leave, fathers with paternity leave and some parents with the right to apply for flexible working. To cope with these changes employers need to consider alternative ways of working that support a reasonable balance between work and home life. (See Appendix 3 and Department of Trade and Industry website for details of the rights for working parents). Many organisations already have informal working practices for parents. In smaller businesses where there are fewer people, agreeing changes to working hours is quite normal. Most employers recognise the importance of helping parents manage work and home life. An agreed policy not only makes the options clearer to everyone but also ensures, as the workforce gets bigger, a more manageable and fair system. For both employers and employees the success of the organisation is top priority. Quality service and response to customer demand are vital. Parents who are trying to cope with the pressures of balancing home and work responsibilities need terms and conditions of employment that allow them to contribute to their employer s business success. The benefits of family-friendly policies Many employers who have eveloped family-friendly policies say that the benefits to their businesses far outweigh the administrative costs. Benefits include: retention of skilled staff reduced costs of recruitment and training recruitment from a wider pool of experience increase in the numbers of mothers returning after maternity leave reduction in sickness and absence better time keeping shared workloads improved staff morale

3 improved productivity reduced stress levels greater degree of loyalty and commitment a reputation as a good employer. All organisations can benefit from a flexible approach developed by employers, employees and their representatives working together. Employers and parents working together Common concerns and parental rights Parents work to support their families and are committed to the business they work for. Most also want to develop their skills and careers. They need employers to understand the difficulties they face and be prepared to help them manage their home and work responsibilities so that they can perform both to the best of their abilities. This may mean agreeing changes to their working patterns such as the hours they work, where the work is carried out, the amount of time off, or a career break. It may simply be the knowledge that they can approach their employer without feeling guilty and believing their career will suffer. Employers who ignore the conflicting demands on parents and are unwilling to make allowances are in danger of losing valued employees or even breaking the law. The daily pressures of coping with work and home responsibilities create unwanted stress and can lead to under performance and absence if help is not given in time. A good first step is to consider some of the common concerns of employees who are parents. These include: Flexible working to give greater freedom. For instance to drop off children at the start and end of school, to take time off for other school activities and dealing with any other unexpected demands. Flexibility for fathers supporting their partners with the children. Childcare costs and facilities. Even with the backing of government schemes to help with costs, finding affordable and reliable childcare is a major concern for many parents. Further support in training and development. This would help parents who want to return to work after spending some time at home bringing up children. Many feel that they are unable to go back to work as they lack the adequate skills and confidence. Time off to spend with their family. Parents may have to take care of their children at short notice when they are unwell or childcare arrangements breakdown. They may also need to cope with problems of childcare during school holidays and take career breaks when children are

4 young. They need freedom to be available for family responsibilities without worrying about their work responsibilities. Equal pay. Many women believe they are less favourably treated and are at a disadvantage when they take time off to have children. Terms and conditions of employment that give the same benefits and opportunities to parents as other colleagues. Statutory employment rights for parents deal with some of these concerns as shown below. Overcoming the barriers Putting flexible working arrangements for parents in place is a start but not enough. There may be other barriers which prevent parents from taking them up or feeling guilty if they do. These include: a feeling that requests to work flexibly are not taken seriously perceived lack of sympathy for their problems fear of damaging their career prospects feeling guilty about letting employers down or harming the business in some way worrying about the effect on their workmates family policies that exist but are not actively encouraged middle management who tend to make up their own rules and lack training in flexible working flexibility for some and not for others general feeling that by making a request they will be seen as a nuisance being made to feel guilty because they want a life outside work. Employers, employees and their trade union or other representatives will need to discuss ways of overcoming those barriers. Parental rights For mothers: 26 weeks paid maternity leave 26 weeks unpaid additional maternity leave Paid time off for antenatal care For fathers: 2 weeks paid paternity leave For parents: Adoption leave (mirrors maternity rights) Parental leave unpaid Time off for dependants unpaid

5 The right to apply to work flexibly 4 weeks annual leave paid Other rights Equal pay Anti discrimination legislation Part-time regulations (Some rights are limited to eligible parents depending on the age of child and length of service. See for more details) How can parents help employers? Employers have to cope with higher and higher expectations from customers, increasing legal responsibilities and different expectations from employees because of regulatory, social and cultural changes. It is important for parents to understand the daily pressures employers face in running their businesses. Parents need flexibility to manage their own lives but any changes to hours or patterns of work will affect the businesses they work for. Arrangements work best when there is flexibility on both sides. Where possible parents should: help employers provide cover for absences and emergencies whenever possible. Employers may arrange working patterns to provide cover for holidays, other staff absences and business peaks and troughs. But unexpected absences and emergencies can create real difficulties and employers rely on employees being flexible and keeping them informed give plenty of notice of time off or changes to hours so employers can make necessary adjustments to prepare for their absence be prepared to put the organisation first. Most businesses depend on employees being prepared to arrange cover for other responsibilities from time to time in order to help out at work consider costs. Organisations must be cost effective. Try to show that any expense incurred by employers, if they agree to a change in the work pattern, is worthwhile consider the effect on work colleagues and appreciate that employers need to be fair to everyone in the workplace. Employers can reasonably expect parents to consider how any changes in their working pattern will affect others and be ready to offer practical solutions show employers that they can still perform well even if they alter the way they currently work

6 be prepared for family emergencies by having a back-up plan to help deal with unexpected events. This will help to reduce the time parents are away from work and minimise any loss of earnings and disruption to the business develop skills. Employees who develop new skills can be more flexible, a greater asset to the organisation and also further their own careers and job prospects. For businesses to compete and be successful they need workforces with up-to-date skills. Employers concerns about greater flexibility Parents are aware of the barriers they have to overcome to be able to combine their work and home responsibilities. Employers too have concerns about offering greater flexibility. These include: increased costs to implement any change nature of the business makes it difficult to be flexible lack of control over who is doing what and when additional demands on their time in order to introduce changes lack of continuity within the operation people taking advantage of flexible arrangements being unable to cope if everyone wants to change their pattern of work difficulty in managing workloads difficulty in altering agreed shift patterns being less able to respond to customer demand more administration additional training requirements. A clear understanding of the needs, barriers and fears faced by employers and parents, make a good starting point for discussing options. An openminded approach with everyone prepared to give and take is more likely to lead to an agreement that is best for everyone and the business. A checklist for employers looking to set up a flexible working policy for parents Do you recognise the need for change within your business and the potential benefits that change would bring for you and your employees? Do you understand what parents need from you to help them balance their work and home responsibilities? Do Parents know what you need from them to run the business successfully? Do other barriers exist for parents in your business that will need to be overcome?

7 Do you feel prepared for a relationship with parents based on trust and have worked out some options to discuss openly? Do you feel ready to offer flexibility and set up a flexible working policy? How will arrangements for parents affect the rest of the workforce? Although a number of laws provide greater flexibility for parents at work, there are many other employees who would benefit from flexible working arrangements. For example, those with caring responsibilities who are looking after: older relatives grandchildren disabled relatives sick partners. The needs of employees who are carers are often similar to those of working parents. They may be looking after others who are totally dependent upon them. Introducing a policy that gives parents more flexibility could also help carers manage work and home more effectively if it is extended to them as well. Most employees require changes to their work patterns at different stages and for many reasons throughout their working life. They may need time off for religious observances, study or simply to pursue other interests and responsibilities outside of work. Offering a policy that supports parents and carers achieve greater flexibility but is not accessible to the rest of their colleagues, can create problems and cause: conflict between colleagues unequal share of workloads less commitment and loyalty less flexibility from staff to cover when needed increased stress amongst some employees poorer performances lower productivity lower morale some employees leaving to find work elsewhere. Before making any changes just for parents, it makes good business sense to understand what all employees need to help them achieve a better balance between work and home.

8 Creating a flexible workplace Flexible working patterns A flexible workplace has working arrangements which meet the needs of the business and the people employed. Flexible working patterns are just alternative ways of working that are different from the normal working pattern of the organisation. Some of the most common include: part-time working job sharing flexitime self-rostering annualised hours term-time working voluntary reduced working time compressed hours. The following tables explain what each working pattern means, the benefits and other points that businesses need to consider before making any change. Legal requirements are listed after the table. Plan carefully to ensure any new working patterns are best for the business as well as employees.

9 Work Pattern Definition Benefits Other Considerations Part-time working Employees are contracted to work for fewer hours than the normal basic full-time hours in the business Gives better flexibility for employers to cover during peaks and staff absence Retention of skilled workers who are unable to continue full-time and may otherwise have to leave Attracts a wider pool of potential recruits, particularly women returning from maternity leave Creates greater choice for employers and employees May lead to higher costs for training, administration and recruitment Providing continuity of service may be more difficult Ensure applicants will be available at the required time to work Investigate whether individuals would be available when needed beyond their part-time hours Provide equal pay and terms in proportion to those of fulltime staff Job sharing Where two or more people share one full-time job, splitting the pay, holidays and other benefits between them according to the hours worked Increased flexibility to meet demand if both job sharers agree to be available when workloads are heavy Greater continuity as they are able to cover half the work More people to do the job brings an increase in skills, experience, views and ideas to the post Retains and attracts skilled staff and is a popular option for mothers returning to work from Involves higher costs for induction, training and administration There may be performance issues. If they do not produce the same workloads it may affect output if either becomes sick, takes holiday or maternity leave If there is no overlap, it can cause problems with communication between each other Job share in supervisory or managerial roles may lead to difficulty for staff working with two managers

10 maternity leave Sharing the responsibilities of the job can mean no one takes responsibility so there is a need to reach agreements on joint and individual responsibility If one job sharer leaves it can be difficult to find a suitable replacement to complement the hours of the remaining sharer Divide workload fairly between job sharers When recruiting consider how compatible sharers are in skills, experience and working together this way Flexitime Employees can choose, within set limits, when to begin and end work. Employees must work an agreed number of hours in a set accounting period (usually four weeks) and during set down hours in the day (core hours) Taking into account the minimum and maximum lunch breaks, Offers more choice of hours to work to potential recruits and aids retention of existing staff Gives employers better flexibility to manage workloads and reduce the need for overtime Allows businesses to extend their opening times and be more available to their customers Promotes equal opportunity for those staff unable to work the standard hours Helps employees to organise work and home more easily and helps to reduce their stress Gives employees greater flexibility who have travel or other domestic May lead to an increase in administration costs as it will involve keeping records to monitor the hours staff work Additional running costs if business hours are extended Supervision, especially outside core times, may prove difficult

11 start and finishing times, the hours are then recorded and added up at the end of the four weeks. problems Within agreed limits, employees are able to carry over any excess or deficit into the next period Additional hours are then taken as time off Selfrostering Employees have responsibility to schedule their working times to meet the agreed level of staffing and job experience needed to maintain the business. Hours worked are recorded and stored in a time bank. Any Motivates individuals as they have more choice and control over how they manage their work Encourages teamwork and helps to reduce conflict over who is doing what Promotes fairness and equality to all in the team Helps to reduce staff absenteeism and sickness Increases employer s flexibility to manage workload peaks and troughs Offers employees greater flexibility to manage work There may be difficulties to overcome before employers feel they can offer control of work to employees Can create staff shortages if assessments for staff levels and skills are not adequate Administration can be time consuming and complex It may be difficult for employers to get agreement from all their staff to work this way. Some will need to have fixed hours Doesn t always provide guaranteed flexibility if there are shortages of key people

12 additional hours can be used for time off and home responsibilities Previously unrecorded hours are saved in time bank which can lead to some employees achieving extra time off Annualised hours Employee hours are worked out for the year in two parts. Agreed set shifts (major part) and unallocated hours Pay is set at a Regular guaranteed monthly sum and the hours kept in reserve are owed to the company. This enables the employer to ask employees to come in at short notice to cover for colleagues and cope with demand Can reduce hours and overtime Helps businesses improve their productivity and efficiency by making better use of staff resources to meet customer demands Helps employees to arrange their working times around domestic responsibilities May improve basic pay for some employees. For example if a trough in business means they are not required to fulfil their annual hours If employees are currently enjoying high earnings with overtime they may resist the introduction of annualised hours Administration is complex to design and operate Can reduce the freedom of employees if they have to be available at short notice Depending on the seasonal nature of the business, some employees may work longer hours in the spring and summer or during the run up to Christmas Effective managers will be needed to ensure the system is operated fairly Term-time working An arrangement that gives employees Solves problems of childcare for parents Employers can plan ahead to cover absence Long absence during prime holiday time may make it difficult to arrange cover, particularly in specialist roles Can be difficult for

13 the opportunity to reduce their hours or take time off during school holidays businesses whose peak demand is at these times Involves additional costs in recruitment if cover cannot be found internally Puts pressure on other colleagues who feel they cannot take holidays during school holiday periods Managers will need to plan for a year ahead, to arrange leave around school holiday timetables Voluntary reduced working time Employee s basic hours are reduced for a short period with the agreement of the employer. The employee may then return to take up their previous fulltime hours Helps businesses in retention of staff Can lead to a more effective use of time and resources to respond to customer demand Some cost saving due to reduction of wages Low cost scheme to operate once introduced Provides employees with more freedom to respond to Domestic responsibilities Can prove difficult for scheduling work within shorter periods May affect the wages budget. If wages are reduced, budgets may be cut to reflect this but output would still need to remain consistent Compressed working weeks are when the work time is reallocated into fewer and longer periods Helps employers to recruit and retain skilled people Can help to reduce overtime payments May offer some businesses greater flexibility to Can prove complex to reschedule work and provide cover during the compressed period Colleagues who share responsibility for workloads would need to

14 during the week. This may include reorganising the basic hours normally worked over five days into either a period of four and a half days or nine days over a period of ten days manage their workloads Provides employees with more flexibility to manage their work and home life Longer daily work periods can increase employee fatigue Legal requirements Employers need to keep up-to-date with changes to employment law. It is important to take account of any legal requirements when making changes to working arrangements. In most of the above examples legal considerations will include: Sex Discrimination Act Employers should not discriminate on the grounds of sex, marriage or gender reassignment Part-time Workers (Prevention of less favourable treatment) Regulations People who work fewer hours have the same rights as full time employees The Employment Act 2002 gives parents with children under the age of six and parents of disabled children up to the age of 18 the right to apply to work flexibly The Working Time Regulations 1998 govern the hours that employees can work. This limits the working week to a maximum of 48 hours. Employees can agree to opt out but should agree set terms with their employers that allow them to opt back in if they so wish The National Minimum wage. Employees are guaranteed a minimum wage per hour. This is reviewed annually. Contact the National Minimum Wage Helpline for details Examples of other working practices Creating a flexible working environment is not just about changing the hours employees work. There are many ways of working that can help employees who are trying to manage their work and home life:

15 home working childcare schemes career breaks family leave additional annual leave. Homeworking Employees can do their job from home or out of the office, either occasionally or as a permanent working arrangement. It requires a working relationship that is based upon trust and encourages employees to manage their own work. Computer links and mobile phones make keeping in touch and working away from the business far simpler. An increasing number of organisations see home working as an effective working option. Not all jobs will be suitable however, and organisations should consider: systems for supervision health and safety implications systems to monitor performance necessary equipment to do the job initial costs to set up running costs. Many home workers find they can manage their job and home more easily and give a better performance. Others say that they sometimes feel stressed and isolated. Some home workers feel they put in more hours without lunch breaks and find it hard to switch off. Employers will need to provide adequate supervision and support to home workers, not only to ensure their health and safety but also to comply with the Working Time Regulations 1998 and the National Minimum Wage. Employers must agree how often homeworkers will be required to come into the office and reassure homeworkers they will be treated the same as office based workers. Training, appraisals, staff development and other company procedures will still apply to employees who work from home. Childcare schemes There is a variety of ways to support parents with childcare. Good quality and affordable childcare can help parents contribute fully at work in the knowledge that their children are being properly looked after. Without proper childcare, parents may have to leave or be unable to return to work. Schemes include: providing information about local childcare providers childcare vouchers childcare payments

16 buying into places at established nurseries out of school schemes school holiday/child club schemes workplace crèche/nursery working in partnership with other employers in area, local authorities and voluntary groups to set up nursery facilities. The options on offer will depend on a number of factors including the size and nature of the business. Employers without in-house expertise on child welfare may wish to seek expert help from organisations who specialise in this area. Further information at and from Children Mean Business at Career breaks Career breaks allow employees to take a prolonged period of time off work which is either paid or unpaid. Some agreements will include the right to return either to the same job or another position within the organisation but this is not always guaranteed. Employees find career breaks useful if they need to take time off for looking after young children or elderly relatives, for study, travel or to work abroad. Employers and employees can agree how they will keep in touch throughout the career break. This helps to maintain the working relationship and make return to work easier. Points to look at include: the nature of the work an employee does the effects on managing workloads costs of covering an employee s absence the length of time an employee will be able to take off whether it will be offered paid or unpaid how employees will keep in touch during their absence whether they need retraining on their return whether a return to the same job is guaranteed the nature of the contractual relationship during the absence. Family leave Family leave provides extended benefits to parents normal statutory rights and additional time off for other domestic reasons. It may include enhancements to: maternity leave and pay paternity leave and pay unpaid or paid parental leave adoption leave and pay unpaid or paid time off for dependants. and additional time off for:

17 moving home family marriage bereavement children starting school. Some businesses, particularly smaller ones, may find it difficult to provide staff cover and meet additional costs resulting from further absence. Whilst employers will need to consider how change will affect the business in the short-term, they should also remember the potential benefits that exist for long-term success. Annual leave Employees are entitled to a minimum of four weeks paid leave a year, including bank and public holidays, under The Working Time Regulations Many organisations offer more than the minimum and this allows employees more freedom to spend time with their families, take up leisure activities or simply to enjoy a life away from work. Options are: additional days leave (paid or unpaid) public and bank holidays (paid or unpaid) in addition to the four weeks minimum additional leave depending on length of service (careful consideration must be given to avoid potential indirect discrimination). As with other schemes, improving the holiday provisions will need careful planning to make full use of the potential business benefits. Most employers recognise the importance of time away from work and understand that employees perform better when they are able to relax and rest from their work. The provision of any of these arrangements will be attractive to all employees. Better performance, reduction in sickness, retention and recruitment of suitable employees are just some potential benefits that will be attractive to businesses. Developing a flexible working policy Developing a policy may be divided into five stages as shown below. Five stages for developing a policy Step 1 - Why are you making changes and what do you and your employees want out of them? Step 2 - What are your options and what would you and your employees get out of them? Step 3 - How are you going to draw up the policy?

18 Step 4 - How are you going to put the policy in place? Step 5 - How well is it working and could it be improved? Employers checklists Why are you making changes and what do you and your employees want out of them? Set aside plenty of time to plan and prepare any changes Identify what you need to cope with the demands of running your business Find out what employees need to manage work and home life more easily Recognise what you and employees want to get out of the policy Explain to workers what you are planning before starting step 2. What are your options and what would you and your employees get out of them? Begin early consultation with management, unions and other employee representatives Look at other working patterns and practices. Understand how they work including any potential problems and benefits they would bring Check that they are practical to fit best with what you demand of the business Think about how they meet the needs of employees Do these options fit best with what you and others want out of the policy? How to draw up the policy Inform employees about your wish to draw up a policy and why Set up a working group with management, union or other employee representatives to plan, introduce and check how well the policy is working Discuss how best to overcome potential problems that any new arrangements may create and how they will benefit you and your employees

19 Think about how suitable the job should be for different working arrangements. Try to find workable solutions to identify the best fit working option that still satisfies the requirements of the job (see the example of a Job Suitability questionnaire in Appendix 1) Work through the implications of change on other systems and procedures: review production systems staffing levels supervision and monitoring of working time performance and absence the terms of employees contracts procedures for communication, consultation and negotiation. Know the legal consequences: The National Minimum Wage; The Working Time Regulations 1998; anti-discrimination legislation; health and safety; Equal Pay 1970; parental rights; Part-time Workers Regulations 2000 and any other legislation that might be affected Be prepared to cover initial costs. Making changes will mean additional demands upon your time and financial resources. Explore what options are available to support you. There may be funding available through government schemes; local councils; or entering into partnerships with other interested parties Provide training to all managers and staff who will be involved. It is vital they understand all the terms and how procedures work if the policy is to be successful. This includes what the changes are and how they will affect and benefit staff When possible test out the policy first. Decide upon a section of the business to operate a trial run. Consult with all those who will be involved and explain to the rest of the workforce what is happening and why Decide how you can create simple and practical ways to record working patterns Observe and evaluate how well the policy is doing. Make adjustments if necessary. Report back to the workforce on the outcome Reach agreements on any changes and all new terms. Write up the policy. Putting the policy into place Communicate the policy to the workforce. Explain why there is a need for change, what the changes are and how it will affect them, particularly

20 any benefits. Any changes to employment contracts should be agreed with employees see Acas advice leaflet Varying a contract of employment. Continue to review how well the policy is working and evaluate its progress. Consider developing a staff questionnaire to invite feedback to help you identify any problems and benefits Work together with employees and their representatives to find appropriate solutions to make any necessary adjustments. Learn from mistakes and try not to apportion blame Communicate and feedback any positive effects of the policy throughout the organisation. This could be during staff meetings or in news bulletins. How well is the policy working and could it be improved? Revisit the policy to ensure it s still achieving what it was designed for If the circumstances of the business or those of your employees change the policy will need to be adjusted to be able to respond positively and reach agreements on any revised terms Consult with management, union or other employee representatives and reach agreements on any revised terms Continue to encourage use of the policy by communicating its benefits and success. How to get the best results from your policy There is little to be gained for employers or employees from having a well prepared policy that isn t promoted. Businesses are more likely to achieve positive results when they demonstrate their commitment to make the policy work. Make sure staff know you regard the policy is a fundamental part of the culture of the business. One way of doing this is to set out in writing your commitment to a better balance between work and home life. For example: We believe in helping everybody in the business to achieve a better balance between work and home life and: agree to consider all requests for changes to working arrangements that help support a better work-life balance (see Appendix 2 for guidance on The right to apply for flexible working ) recognise that there are potential benefits for individuals and the business when they are able to manage work and other areas in their lives continue to ask what staff need and how best to achieve it. This means consulting with managers, unions or employee representatives openly to find the best options

21 provide a written policy that includes clear terms and procedures and working practices that reflect the needs of the business and employees provide training throughout the organisation to ensure everybody is clear about the purpose, aims, terms and procedures of the policy lead by example and encourage all employees to feel they can use the policy with confidence make changes to the policy so it continues to reflect the changing needs of the business and employees. Conclusion Work-life balance affects everybody. Getting it right is vital. Making changes does not have to be difficult. Careful planning, setting aside time to consider why there is a need for a change and what you and others want out of it, is the best way forward. Consulting and communicating with others and testing any changes will help you achieve it. Providing a written policy that is clear and flexible so it continues to reflect what you and employees need, means you are more likely to succeed in getting it right. A policy that supports individuals in managing work and home responsibilities can help workers perform well and improve the quality of their working life. This will have positive benefits for workplace relations and business effectiveness. Appendix 1 - Example of a Job suitability questionnaire for employers and employees ICI are committed to supporting employees achieve flexible working arrangements wherever possible. They have produced a questionnaire which looks at how suitable a particular job might be if operated differently and have found that it helps to guide both manager and employee through the process in a highly effective manner. The questions below are examples of the type you may ask but should vary according to the nature and demands of your business. It is not meant to provide a definitive answer but help employers and employees identify potential problem areas and find workable solutions where possible. The employer/manager and employee will both need to complete the questionnaire separately. By circling the answer to the option that best describes the job, the numerical rating is then transferred onto a summary grid. If a question is not applicable to the job it should be left blank.

22 The scoring system is based on a rating of 1-5 (1 being the highest): 1-2 more likely to be suitable for flexible working arrangement 4-5 more likely to be unsuitable for flexible working arrangement (where there are only a few areas that have scored 4/5, there may be ways to find solutions, eg reallocation of work, delegation) The results of both questionnaires will form a basis for discussion. It will help to clarify each other s perception of the post and provide a clearer understanding of why a particular job may or may not be suitable for flexible working arrangements. Job Suitability Questionnaire Employee details Name: Date: Current post: Please tick if you are the: post holder manager employer Job description Please provide a summary in your own words of the main tasks and responsibilities of this job. Managing others 1. Are you managing other people? If so, how many? 1 None 2 One person people 4 5 or more 5 more than What percentage of your time is spent managing others apart from the rest of your workload? 1 None 2 10% 3 20%

23 4 33% 5 over 50% Dependency on others 3. Who mainly controls the job holder s workload and priorities? 1 They do 2 The client 4 The supervisor/manager 5 Determined by production process 4. How frequently does the job holder need to liaise with manager/supervisor to report or for direction? 1 Weekly or less 2 Several times a week 4 Once a day 5 Continually throughout the day 5. How frequently does the job holder need to liaise with colleagues? 1 Weekly or less 2 Several times a week 4 Once a day 5 Continually throughout the day Time management 6. How much of the work needs immediate attention opposed to longterm deadlines? 1 Majority is longer-term 2 Approximately one-third is immediate 3 About half is immediate 4 About three-quarters is immediate 5 Majority is immediate 7. Does the post need to be covered when the job holder is absent? 1 No 2 Yes, if more than a week 4 Yes, even after a few days 5 Yes, always would need to be covered 8. Who would do the job holder s work in their absence? 1 A colleague 3 The supervisor/manager 5 No one or other (please state)

24 Duplicated skills 9. Are other people in the section doing a similar function to the job holder? 1 Yes, lots of people doing exactly the same job 2 Yes, a few people doing exactly the same job 3 Yes, a few people doing a similar job but with different clients and other tasks 5 Nobody has a similar job 10. How much of the work in this job can be done by someone else? 1 All 2 Most 4 Some 5 None Workplace dependent 11. Is the equipment needed to do this job only available in the workplace? 1 No, rarely uses such equipment 3 Yes, sometimes uses the equipment 5 Yes, often uses the equipment 12. Does the jobholder need access to files and other paperwork only held in the workplace? 1 Rarely 3 Sometimes 5 Often Confidentiality 13. Is the work highly confidential/sensitive? 1 No 5 Yes Workflow 14. Does the job holder have control over the flow of their work? 1 Yes, they have main control 2 Some control 4 Minimum control 5 No control

25 15. Is the job holder able to predict how busy they will be? 1 Always, the workflow is generally consistent 2 Most of the time 4 Sometimes 5 No, it varies a great deal 16. Does the job holder know when peak periods in this job are going to happen? 1 Always, busy periods are always at the same time 2 Usually 4 Some of the time 5 Rarely, unpredictable 17. When there is a peak period how long does it usually last? 1 A few hours 2 A couple of days 4 Up to a week 5 Several weeks or longer Availability 18. Can the jobholder be contacted by colleagues/manager when away from the workplace site? 1 Usually 2 Sometimes 3 Rarely 5 Never 19. What percentage of the job holder s time is spent in meetings? 1 Less than 10% 2 About a quarter 3 About one-third 4 More than a half 5 Most of the time 20. Does the nature of the work mean they sometimes will be unable to be contacted? 1 Never 2 Rarely 4 Sometimes 5 Often Customer relations 21. Does the job holder have to respond to customer demand immediately

26 or is it longer-term? 1 Most are longer-term 2 About a third is immediate 3 About a half are immediate 4 About three-quarters are immediate 5 Most are immediate 22. Is the work with the customer short or longer-term? 1 Always longer-term 2 Mostly longer-term 4 Mostly shorter-term 5 Always shorter-term 23. Is the work undertaken for the same customers on a repeat business? 1 No 2 Yes, occasionally 3 Yes, sometimes 4 Yes, usually 24. Is it important for the job holder to know the customers well? 1 Not essential 3 Sometimes 5 Definitely 25. Does most of the communication with customers take place: 1 Mostly in writing 2 Both in writing and verbally 4 Mostly verbally by phone 5 Mostly in person Transfer the numerical scores for each question on to the grid by putting a tick in the appropriate box. Question Job Specification 1 Managing others 2 3 Dependency on others Time management Score Comments/Action

27 7 8 9 Duplicated skills Workplace dependent Confidentiality 14 Workflow Availability Customer relations Appendix 2 - The right to apply for flexible working The Employment Act 2002 gives parents of children under age six and parents of disabled children under age 18 the right to apply to work flexibly and their employers have a duty to consider such requests seriously. The application can cover: hours of work times of work place of work (as between home and place of business only). Who can apply? The following conditions must be satisfied in order for an application for flexible working to be made under the right. The applicant must: be an employee (who has entered into or works under a contract of employment agency workers or members of the armed forces are not eligible) have a child under six or a disabled child under 18

28 have parental responsibility for the child (this includes biological parents, legal guardians, adoptive and foster parents and spouses of these, including same sex partners as long as they have parental responsibility for the child) be making the application for the purpose of taking care of the child have worked for their employer for 26 weeks continuously at the date that the application is made not have made another application under the right during the past 12 months. How must the application be made? the application must be made in writing, stating that it is being made under the statutory right to apply for flexible working (see Appendix 3 for an example) the application must confirm the employee s relationship to the child the application must set out the employee s proposal and explain what effect the employee thinks this will have on the employer s business and how this could be dealt with the application must specify a start date for the proposed change giving the employer reasonable time to consider the proposal and implement it. This may take up to weeks the application must state whether a previous application has been made and if so the date on which it was made the application must be dated. Employees should be aware that if the employer approves their application, the variation in contractual terms is a permanent one and the employee has no automatic right to change back to their previous pattern of work, unless the application seeks agreement for a specified time period only. A trial period may be agreed. How must the employer respond to the applicant? In order to comply with the procedural requirements the employer must: arrange a meeting with the employee within 28 days of receiving the application to discuss the request. This meeting is not required if the employer agrees to the terms of the application and notifies the employee accordingly within 28 days of receiving the application

29 allow the employee to be accompanied by a work colleague if they so wish notify the employee of their decision within 14 days of the date of the meeting. This notification will either: o accept the request, setting out any action and the start date or o confirm a compromise agreed at the meeting or o reject the request and set out clear business reasons for the rejection together with notification of the appeals process arrange to hear the employee s appeal within 14 days of being informed of the employee s decision to appeal. The employee must be allowed to be accompanied by a work colleague if they so wish notify the employee of the decision of the appeal within 14 days after the meeting. The notification will either: o uphold the appeal, specify the agreed variation and start date or o dismiss the appeal, state the grounds for the decision and contain a sufficient explanation of the refusal. The employer and the employee can agree to extend any of these time limits. The employer must record this agreement in writing, specifying the period to which the extension relates and the date on which the extension is to end. A copy of this record must be sent to the employee. On what grounds can applications be refused? Applications for flexible working arrangements can only be refused on the following business grounds: the burden of additional costs detrimental effect on ability to meet customer demand inability to re-organise work among existing staff inability to recruit additional staff detrimental impact on quality detrimental impact on performance insufficiency of work during the periods the employee proposes to work planned structural changes. What can an employee do if an employer refuses an application for flexible working? Wherever possible it is better to reach agreement on flexible working within the workplace. There are a number of options open if the employer refuses the application at the appeal stage of the procedure including: informal discussions with the employer there may be some simple misunderstanding of the procedure or facts which can be resolved by an informal route

30 use of the employer s internal grievance procedure assistance from a third party such as a trade union representative or some other suitably experienced person ask Acas to help find a solution by providing information or where appropriate some other service to resolve the problem. Where agreement cannot be reached other options are: referral to the Acas Arbitration Scheme complaint to an employment tribunal. What is the Acas Arbitration Scheme? If both parties agree, this scheme can be used to resolve the dispute in England, Scotland and Wales. This scheme is designed to be a speedy, informal, confidential and non-legalistic alternative to an employment tribunal. An arbitrator hears the case and makes a decision which is binding on both parties. There is no right to go on to an employment tribunal if the parties have opted to use this scheme instead. The remedies and compensation which an arbitrator can award are the same as those at an employment tribunal. The agreed reference to arbitration must be made within three months of the notification date of the employer s appeal decision or, in complaints about procedural breaches, three months from the date of the alleged breach. Complaints to employment tribunals Employees must present their complaint to an employment tribunal within three months of the date that the employer s decision is notified on appeal. In complaints relating to procedural breaches it must be within three months from the date of the alleged breach. Complaints can be made to the employment tribunal on the following grounds: the employer s failure to comply with the statutory procedure the employer s use of incorrect fact to explain why the application has been refused and which the employer failed to address at the appeal the employer s refusal to allow the employee to be accompanied. Remedies and compensation If a decision made against an employer by an employment tribunal or an Acas arbitrator, the employer may be ordered to reconsider the employee s application for flexible working and may also be ordered to pay the employee compensation. The actual amount of compensation will be determined by the tribunal or the Acas arbitrator on the basis of what is considered to be just and