Assignment
Flexible working - opportunity or threat
There is certainly evidence to suggest that flexible working is popular with employees. A survey of over 4,000 jobseekers in 2003 by the recruitment website reed.co.uk found that almost a third put flexible hours above an extra £1,000 a year. Even more, about 46%, said that flexible working was the benefit they would most look for in their next job. Yet fewer than 60 out of over 100,000 posts advertised on the recruitment website used for the study specifically offered flexible working conditions to attract employees. James Reed, whose website conducted the study, suggested that this research was a real wake-up call for employers. He suggested that too many organizations seemed to be missing out on one of the most effective ways to attract top talent. However, employers have voiced some concerns. Swapping shifts, altering rotes at the last minute and ensuring that there are enough staff in to do the work would not be an easy task. The first step for all employers is to get to grips with the legislation. Murray Furlough of Abbey Legal Protection says: ‘When an employee makes a request for flexible working you need to know whether they are eligible for it, whether you can turn them down and what process you need to follow.' Valid reasons for refusing a request include inability to meet customer demand, to reorganise existing staff or to hire replacements.
These reasons cannot be queried in an employment tribunal - unless the employer's facts were inaccurate or he she failed to follow the correct legal process after the request was made. That process involves ‘seriously considering' all requests for flexi-working. In practice, says James Davies of the law firm Lewis Silken, that means sitting down and talking with the employee. The employer should then go away, make a practical assessment of how it can be arranged and deliver a detailed written answer explaining his reasons within 14 days, he says. If a request is rejected, the employee must be allowed to appeal against the decision. Experts agree that the key for the employer is to create a paper trail - a written record of all consultations and meetings - in case of a dispute. Practical issues of the new law are important. For example, there is a need to talk to suppliers and clients to alert them to changes and discuss what situations they see as acceptable. Health and safety issues may need checking, for example can machinery usually manned by two people legally be manned by one? Firms can gain by the new law. They need to promote their family-friendly practice in their literature.
Question
1 Why are employees in favor and employers concerned about the new flexible working rights?
2 How can the suggestion that ‘firms can gain by the new law' be supported?
The response should include a reference list. Double-space, using Times New Roman 12 pnt font, one-inch margins, and APA style of writing and citations.