Workplace expert, Acas, has published its new statutory Code of Practice on requests for flexible working alongside accompanying guidance.
From today, all employees will have the right to ask their employer if they can work flexibly from their first day of employment. This right previously only applied if employees worked for their employer for 26 weeks or more.
Susan Clews, Acas Chief Executive, said: “There has been a global shift to flexible working following the pandemic, which has allowed more people to better balance their working lives and employers have also benefitted from being an attractive place to work.
“Our new Code aims to foster flexible working further and covers the new law changes. It sets out good practice on flexible working requests and will help employers and employees avoid any pitfalls.
“There are many types of flexible working such as part-time working, flexitime, job sharing, staggered hours, hybrid and homeworking. The starting position for businesses should be to consider what may be possible.”
The new Code covers the new changes to the law around statutory flexible working requests. These are:
A new right to request flexible working from the first day of employment
Allowing an employee to make two flexible working requests in any 12-month period rather than one
A new requirement that an employer must not reject a request without consulting the employee first
Employers now having two months to decide on the request rather than three months.
The new Code underwent a consultation process in its draft form last year. 77% of respondents to the consultation agreed that Acas should reconsider the overall good practice principles when updating the Code to reflect changes to the law.
The Code encourages employers to take a positive approach to flexible working so that requests are not rejected by default without due consideration and an open dialogue about what may be workable.
It is important for employers to comply with the Code as any breach may be considered by an employment tribunal for relevant cases.
Acas has also published new detailed guidance to accompany the Code, which provides practical examples for employers and employees on flexible working requests.
Amazon offers new term-time contracts, providing its operations employees in Dunfermline and across the UK guaranteed time off during Summer, Easter and Christmas holidays, enabling more time with their children
The innovative contract is part of a wider flexibility boost which also includes a part-time pick-your-shift option
Amazon has launched an innovative new contract that offers parents, grandparents and guardians of school-age children the choice to work term-time only.
The new contracts, available at the Dunfermline fulfilment centre, guarantee time off for the six-week Summer break, as well as the two-week Easter and Christmas holiday periods, without affecting the comprehensive range of benefits they receive, including private medical insurance and life assurance.
The contracts, aimed at better supporting family needs, were successfully trialed at three sites following employee feedback, and are now being phased in for employees in Dunfermline and across all Amazon’s fulfilment centres – the places where Amazon store, pick and pack items for sale. They will be rolled out to sort centres and delivery stations across the UK later this year.
Amazon also announced a new flexible part-time contract for a minimum of 80 hours a month which lets employees pick and mix the shifts which suit their needs; part-day or full-day, day or night, weekday or weekend. The contract will support people who are unable to find work due to family or other commitments that require flexibility, return to the workplace.
As with all roles at Amazon, a current employee could refer a friend or family member to this option, which could also provide similar, required flexibility to a partner at home. The part-time contract, piloted at five fulfilment centres and now being expanded to a further seven sites, was also introduced as a result of employee feedback.
Jamie Strain, General Manager at Amazon in Dunfermline, said:“We’ve listened to our employees’ views on flexible working and I’m really proud that we’ve introduced new and innovative options based on their feedback.
“Both of these contracts put a really important emphasis on work-life balance and I’m certain they’re going to make a positive difference for many of our people.”
John Boumphrey, Amazon’s UK Country Manager, said: “At Amazon, we’re always innovating for our employees and our customers. I’m delighted to announce these new flexible working initiatives that provide even more choice for current and future employees, enabling them to better manage their home and work commitments.
“Amazon already provides a four-day working week for our fulfilment centre employees in the UK, and term-time contracts are another great example of how we are using feedback from our people to support them with their childcare needs, giving families more time together.”
He added: “Providing a flexible part-time contract where people can pick the shifts that best suit their needs will support our employees’ partners and other job-seekers with family caring commitments a route back to the workplace, helping to boost household income.”
Amazon already offers multiple types of contract. A standard working week is 40 hours, with shift-swaps and part-time options.
Term-time contracts are now available to thousands of Amazon’s fulfilment centre employees. The part-time pick-your-shift option has been rolled out to seven fulfilment centres following a successful trial, with more sites soon to follow.
GRoW (Get Ready for Work) supports women back into the workplace. Director Liz Sewell is particularly interested in term-time contracts: “Term-time working has the potential to give a lot of people the support they need, so it’s an interesting and progressive change at Amazon.
“We know that many women want to work flexible hours and for those with younger children term-time working makes so much sense. We believe it’s a great way to support a widening of the workforce as well as providing valuable flexibility for parents.”
There have been reports of people being forced back to workplaces without proper consultation, even as Covid-19 cases remain high, or forced to stay at home due to money-saving office closures (writes TUC’s ALICE ARKWRIGHT). Employers should consult with unions to manage this period positively – rather than issuing directives.
So, what can you do if you feel like you’re being forced to stay at home or go back into the office?
Talk to your colleagues
If your boss is asking you to return to the workplace or stay at home and you don’t feel comfortable, you should speak to other members and your union rep immediately – they may feel the same about the situation.
If you raise the issue collectively with your employer, they’re much more likely to listen. Employers shouldn’t be imposing changes on anyone. You and your colleagues should clearly lay out what you want and why it’s beneficial for both you and your employer.
There’s still limited access to childcare at the moment, so parents and carers may need specific arrangements. Your boss should be working with you and your workmates to understand this.
And suggesting pay cuts for home workers, as we’ve heard in the media, is the last thing employers should be doing. People have shown huge flexibility during the pandemic and worked hard to keep the country going – now is not the time to be making threats.
Brush up on health and safety
There are lots of factors that your employer needs to think about at this time. Primarily, health and safety – is your workplace safe to be in and has your employer considered the mental health impact of returning to the workplace?
This could include feelings of isolation with continued homeworking or anxiety about returning to the workplace. Our latest webinar provides all you need to know on health and safety at work since government restrictions were lifted.
Know your rights
You have certain rights when deciding where to work:
Employment contract
Check your employment contract. You might have a “place of work” included and, it could be a breach of contact if your employer unilaterally imposes a change of location, without consent. This is important if your employer is saying you must work from home permanently.
Safety
The virus hasn’t gone away, and workers will want to know what their employer is doing to keep them safe. It’s a legal requirement for bosses to carry out a workplace risk assessment. Employers must also carry out the actions that come from their risk assessment – this could include continuing with home working where possible.
If you think there is a serious or imminent danger to you or your colleagues, you may have the right to leave work depending on the specific circumstances. The relevant law is Section 44 of the Employment Act 1996 and it covers all employees. More information on your health and safety rights on returning to work can be found here.
And remember, your employer still has a duty to keep you safe when you’re working from home – see our guidance on risk assessments for homeworkers.
Flexible working requests
Under current law, all employees have the right to request flexible working arrangements, this can include a request to change your location either permanently or for part of your working time. Any employee can make a request, you don’t have to be a parent or carer, but you must have been in the job for 26 weeks and you can only make one request per year.
Employers have to review these requests fairly and respond within 3 months. They can turn down requests for ‘business reasons’ – but we’re campaigning for better flexible working rights for everyone.
Reasonable adjustments
Employers have a legal duty under the Equality Act 2010 to proactively make reasonable adjustments to remove, reduce or prevent any disadvantages that disabled workers face. The law recognises that to secure equality for disabled people, work may need to be structured differently, support given, and barriers removed. This can include working from home.
If you’re a disabled worker and have been working from home successfully during the pandemic, continuing to work from home could be a reasonable adjustment that your employer can provide, should you want it – but bosses must also provide reasonable adjustments in the workplace.
Right to time off in emergencies to look after children
There are huge gaps in childcare provision leaving parents without the support they need to juggle work and care. If your employer has given you short notice to return to the workplace, by law anyone classed as an employee has the right to take time off work to help someone who is dependent on them in an unexpected event.
A dependent includes children but also a partner, someone you live with or a person who relies on you to make care arrangements. If you’re looking at any of these options, talk to your union and they can support you.
Finally, if you’re not in a union, join one.
Unionised workplaces have negotiated for additional access to flexible work and support to manage care that goes way above what you get under the law.
A new survey from Acas has found that half of employers in Great Britain expect an increase in demand for flexible forms of working from employees after the country comes out of the Coronavirus (COVID-19) pandemic.
Acas commissioned YouGov to ask British businesses about changes to working practices that they are expecting once the COVID-19 pandemic is over compared to before the pandemic. The poll found that:
Over half of employers (55%) expect an increase in staff working from home or remotely part of the week; and
Nearly half of employers (49%) expect an increase in staff working from home or remotely all week.
Acas has published new advice on hybrid working that can help employers introduce it and manage requests from staff who wish to split their time between working remotely and in their employer’s workplace.
Acas Chief Executive, Susan Clews, said: “The pandemic has greatly impacted working life and it’s unsurprising that many employers and their staff have seen the benefits of flexible working during this difficult period.
“Hybrid working existed before Covid and our survey reveals that more than half of employers in Britain expect this type of flexible working to increase once we come out of the pandemic.
“Our new advice can help employers look at the potential benefits of hybrid working, consider whether it is suitable for their workplace, and fairly manage any staff requests.”
Acas advice is that hybrid working can help businesses attract and retain staff as well as increase staff productivity as the flexibility allows them to balance work and personal responsibilities.
Employees can benefit by saving costs and the time spent travelling to work as well as enjoying a better work life balance.
Acas’s advice for employers includes:
Consult widely with staff or their representatives about introducing hybrid working and discuss practical considerations such as regular communication, technology, performance management and health and safety;
A company hybrid working policy could look at which roles are eligible, how someone can request it and any principles such as allowing remote working for a maximum number of days a week;
Ensure staff who are working remotely are not excluded and have access to the same opportunities as those in the workplace such as team building activities, training and development;
Decisions around whether to approve a request for hybrid working should be fair, transparent and other forms of flexible working that could work as possible alternatives can be discussed with employees;
Think about training line managers and staff to help them prepare for and manage hybrid working; and
Consider a trial period to see if it works and if any further adjustments to arrangements are needed.
Over 50,000 working mums respond to new TUC survey on challenges of managing work and childcare during lockdown
Working mums report huge levels of anxiety and stress following school closures
TUC calls for an emergency temporary right to furlough for working parents – and for government to promote this new right to mums and dads
Nearly three-quarters (71%) of working mums who have applied for furlough following the latest school closures have had their requests turned down, according to a new TUC survey carried out in the past week and published today (Thursday).
The job retention scheme currently allows bosses to furlough parents who can’t work due to a lack of childcare.
But the TUC says many mums are missing out on this financial lifeline as the scheme is not promoted to parents.
The union body is also concerned some employers are refusing to furlough those who request it, leaving mums in an impossible situation where they are forced to reduce their hours at work, take unpaid leave and annual leave to cope, or leave their job altogether.
TUC survey
Last week, the TUC and campaigner Mother Pukka launched a call for evidence for working mums to share their experiences of how they are managing their work and childcare commitments during lockdown.
More than 50,000 mums got in touch – an unprecedented response to a survey of this kind.
Of those working mums who contacted the TUC:
Nearly three-quarters (71%) who asked for furlough had their requests refused.
Most (78%) hadn’t been offered furlough by their employers.
And 2 in 5 (40%) of all mums who replied were unaware that the furlough scheme was available to parents affected by school or nursery closures.
Impact on working mums
Working mums told the TUC they were struggling with the strain of being expected to carry out their jobs as normal, while balancing childcare and home-schooling. They were also concerned about being treated badly by their employers as a result:
Nearly all (90%) of those who replied said that their anxiety and stress levels had increased during this latest lockdown.
And almost half (48%) were worried about being treated negatively by their employers because of their childcare responsibilities.
Financial strain
Around half (44%) of mums told the TUC they were worried about the impact having to take time off work would have on their household finances.
A quarter (25%) of mums were using annual leave to manage their childcare – but nearly 1 in 5 (18%) had been forced to reduce their working hours and around 1 in 14 (7%) were taking unpaid leave from work and receiving no income.
An emergency right to furlough
The TUC says that the UK’s inadequate system of parental leave and woefully low level of sick pay is leaving parents in impossible situations, where they risk losing their job or facing a catastrophic loss of income.
To support these workers, the TUC is calling on ministers to introduce a temporary right to furlough for groups who cannot work because of coronavirus restrictions – both parents and those who are clinically extremely vulnerable and required to shield. And ministers should clarify that furlough can be used by both private and public sector employers for these purposes.
The union body says employers should first explore with parents and those shielding whether other measures – such as offering additional paid leave, changes to working hours or other flexibilities like working from home, and offering alternative work – could help the worker balance their responsibilities, but that as a last resort, workers should have the right to be furloughed.
Ministers should encourage employers to use the furlough scheme for parents and those shielding where other arrangements cannot be made, and run a major advertising campaign so that parents and shielders understand that they can use furlough.
The TUC says this situation results from the UK’s failure to help families balance paid work and childcare. Alongside a temporary right to furlough, it is calling on the government to introduce:
Ten days’ paid carers leave, from day one in a job, for all parents. Currently parents have no statutory right to paid leave to look after their children.
A right to flexible work for all parents. Flexible working can take lots of different forms, including having predictable or set hours, working from home, job-sharing, compressed hours and term-time working.
An increase in sick pay to at least the level of the real Living Wage, for everyone in work, to ensure workers can afford to self-isolate if they need to.
Newly self-employed parents to have access the self-employment income support scheme (SEISS).
TUC General Secretary Frances O’Grady said:“The safety of school staff and children must always come first. But the government’s lack of support for working parents is causing huge financial hardship and stress – and hitting low-paid mums and single parents hardest.
“Just like in the first lockdown, mums are shouldering the majority of childcare. Tens of thousands of mums have told us they are despairing. It’s neither possible nor sustainable for them to work as normal, while looking after their children and supervising schoolwork.
“Making staff take weeks of unpaid leave isn’t the answer. Bosses must do the right thing and offer maximum flexibility to mums and dads who can’t work because of childcare. And as a last resort, parents must have a temporary right to be furloughed where their boss will not agree.
“The UK’s parental leave system is one of the worst in Europe. It’s time for the government to give all parents the right to work flexibly, plus at least ten days’ paid carers leave each year.”
Founder of Mother Pukka Anna Whitehouse said: “What working parents have been tasked with in lockdown is not humanly possible. You’re looking at an average eight hour working day, six hour school day, 12 hours of parenting wrapped around that – that’s 26 hours in a 24 hour day. And I’m hearing daily from women who are stepping back, standing down and logging off because they’re burning out.
“Some are quitting out of choice, many not. Because who looks after kids home-schooling? Who looks after pandemic patients when out of hospital? Who takes a Tesco shop to elderly neighbours? Who runs community What’s App groups making sure everyone has everything they need?
“This unpaid labour is mainly strapped to female shoulders because – for all the International Women’s Days Sellotaped together – that’s the current working world we live in.
“One thing that can change right now is seeing the Government supporting all businesses to enable them to offer a much more flexible solution and furlough. The system needs to step up for parents before we step back to the 1950s.”
Founder and CEO of Pregnant Then Screwed Joeli Brearley said: “The parents of young children are currently being asked to either sacrifice their income or their child’s education and care; placing them in an impossible situation.
“We know that this burden is predominantly falling to mothers, and the consequences for maternal employment will be disastrous.
“What we are seeing here is a cry for help on a massive scale. Our advice lines are awash with mothers who have no idea how to care for their children and maintain their paid employment when their employer is refusing to furlough them.
“This is an emergency and if the government doesn’t step in soon there will be a generational roll back in maternal employment that will take us decades to repair.”
Managers are much more positive about their staff working from home and working flexibly since lockdown says a new study undertaken jointly by the Equal Parenting Project at the University of Birmingham and the Work Autonomy, Flexibility and Work-Life Balance at the University of Kent.
The report titled ‘Managing Employees during the COVID-19 Pandemic: Flexible working and the future of work’ is based on a UK wide survey with managers which aimed to understand the organisational perspective on managing homeworking since the UK COVID-19 lockdown.
During the COVID-19 lockdown, many organisations have been forced to move the majority of their workforce to remote working, often at very short notice. In many cases these businesses had previously discouraged flexible working and had very little infrastructure in place to support these new ways of working. The question arises, what impact did this shift to homeworking have and what does this mean for the future of work?
To answer this question, the research team undertook a survey of managers between the 24th July to 11th August 2020. The sample consisted of managers from across the UK, an array of industries and all levels of management.
In total, 742 managers completed the survey which involved questions around norms for working from home, attitudes toward working from home, trust, key learning experience what tools the organisation supplied to employees to enable them to work from home and what support was made available to the employees.
As the first academic piece of research exploring managerial experiences during the COVID-19 pandemic in the UK, this research discovered that 54.7% of managers reported over 80% of their employees have been working from home since lockdown.
As a result of their management experiences during lockdown, fewer managers now believe that presenteeism and long working hours are essential to career progression within organisations.
Many managers also reported that working from home increases productivity, concentration, and motivation due to their experiences in lockdown. 58.6% of managers surveyed said that working from home increases productivity whereas only 44.1% agreed with this statement before lockdown.
However, managers also saw some draw backs, with 58.7% of all those surveyed saying that working from home lead to isolation, and other citing issues around blurring of boundaries as key negative outcomes.
Regardless, most managers now believe working from home will become much more commonplace in the future, with more jobs, including senior roles, being advertised as being available for flexible working and more support being made available for home working.
Commenting on the report Dr Holly Birkett, Co-Director of the Equal Parenting Project at the University of Birmingham said: “The report shows managers are much more positive about working from home and flexible working, than they were before the pandemic.
“Managers say their organisations are going to be more supportive of homeworking and flexible working in the future, including more likely to support working from home, job shares and part time working even for Senior roles.
“This change along with the breakdown of the presenteeism culture and the removal of a flexibility stigma, which existed before COVID -19, could help improve employee wellbeing, help to support people to take on caring roles and break down many of the barriers women face to balancing career and family, with the potential to improve female representation on Boards and close the gender pay gap.”
Overall, the data included in the report has shown that working from home has been commonplace since the initial lockdown and managers have faced a steep learning curve regarding how to manage remote teams often with very little support or guidance.
Despite this, managers have been pleasantly surprised about the results with their teams generally performing really well during this time. While there have been some performance issues these were generally where this was already an issue prior to lockdown.
Dr Sarah Forbes, Co-Director of the Equal Parenting Project said: “Due to positive experiences of working from home and with flexible working patterns amongst their staff, managers are keen to support more working from home and flexible working in the future.
“This could take the form of better flexible working policies and tools to facilitate this as well as training being readily available for managers to learn how to better support remote workers in their team. However, we also need to understand working remotely over long periods of time can also be very isolating and that some people much prefer working in an office environment.”
Dr Heejung Chung, Principal Investigator of the Work Autonomy, Flexibility and Work-Life Balance Project at the University of Kent said: “As we have also seen in our previous employee survey, the flexible working genie is out of the bottle – more workers want to work flexibly in the future, and as this report has shown, managers now see how flexible working can benefit companies.
“However, that shift will not be the same for all companies and for all workers. Government policies to help make that cultural shift, by introducing stronger rights to flexible working and better protection against discrimination for flexible workers may help this transition go smoothly after the COVID-19 lockdown measures end.”
The webinar will also have presentations by Lauren Adams, HR Director at CBI , Daisy Hooper, Head of Policy and Public Affairs at CMI, and Anthony Fitzpatrick, Employee Relations and Global Employment Policy Lead at Aviva will deliver organisational and managers’ perspectives on experiences of remote working during the pandemic and how these experiences are likely to change the future of work.
