Employers do not understand flexible working rights

A new report into flexible working has revealed that many employers are wary of flexible working because they do not fully understand what their rights and responsibilities are if they use flexible working practices.

The report, entitled 'Flexible Working: Challenges for Business', suggests that the UK’s existing working culture needs to be challenged to enable flexible working to flourish, especially within small businesses.

The report from the All-Party Parliamentary Small Business Group (APPSBG), supported by the Association of Chartered Certified Accountants (ACCA) and sponsored by the Federation of Small Business (FSB), found evidence that flexible working can benefit business – large and small.

Evidence submitted to the APPSBG showed that Small and Medium Sized Enterprises (SMEs) are already using flexible working, but they often do not use this term.

Andy Love MP, Chair of the APPSBG, said:

“For flexible working to succeed, support needs to be given to small businesses; all employment law should be designed with small business in mind. Government should ‘think small first.’

“Many small businesses claim that flexible working is a burden. The possible extension of the right to request flexible working to everyone could put an even bigger strain on SMEs, especially when the economy is beginning to emerge from recession.”

Helen Brand, Chief Executive of the global accountancy body, ACCA, said:

“I am an advocate of flexible working. I try to work flexibly and lead by example. I can see the benefits flexible working brings to a global organisation, but I can also see how a small business could see a request for flexible working as an annoyance. But, managed properly, it can work and does bring benefits. We have to remember that a SME owner has the right to refuse a flexible working request if it does not fit with their business model.”

The report into flexible working for SMEs offers ten recommendations to make sure that flexible working works for everyone. These include:

• The perception that flexible working is an arrangement for parents and carers only needs to be challenged as it can cause resentment in the workplace amongst other employees.

• Any extension of the right to request flexible working should be on a voluntary basis. SMEs need a transition period to check their suitability for the scheme and to try out new working models in practice.

The enquiry took evidence from a range of experts in the small business and flexible working fields, including The Chartered Institute of Personnel and Development, British Chambers of Commerce, Small Business First, Working Families and Women Like Us.

From 6 April 2003 employers have been under a legal obligation to consider applications for flexible working. Parents of young children have the right to submit a request to their employer to allow them to work 'flexibly', by changing hours, changing days or working from home. The change, if agreed, will be a permanent change to the employee's terms and conditions. The right applies to parents of children under six (or under the age of 18 if disabled) with more than 26 weeks' service who have responsibility for the child's upbringing and make the request to enable them to care for the child. The right also applies where the employee is the 'carer' of an adult relative or someone living at the same address.