The conclusion that work-life balance is a key priority for most employees will no doubt lead many employers to consider afresh what they can do to foster more positive employee relations, maintain or improve employee morale and encourage a healthier working environment. In the post-recession environment such engagement is vital for business. But what kind of measures are available and worth considering?
Flexible working
Flexible working is often seen as a significant way of benefitting a business’ performance – for instance, through improved employee motivation and productivity. Some employees already have rights to flexible working, specifically those with at least 26 weeks’ service who have a child under 17 (or 18 if the child is disabled) or are adult carers.
Employers have a legal duty to give flexible working requests serious consideration but they are not obliged to grant them. There are circumstances in which requests have to be refused on business grounds but care should be taken to ensure requests are dealt with consistently and that decisions to grant or refuse requests are not made on discriminatory grounds or have an adverse disproportionate impact on one particular group of employees.
If requests are granted, then, in addition to creating a more positive working environment, they can assist with reducing labour costs by making better use of existing staff resources.
Home working
Allowing employees to work from home for either all or part of the working week is another potential way of fostering a healthier work-life balance. Many employers have IT systems in place to facilitate this. If not, and home working is something that could work for a business, consideration could be given to putting such provisions in place.
Care should be taken when drafting contracts for home workers to ensure the employer retains the right to require the home worker to attend the office from time to time – for meetings, training, appraisals and disciplinary issues. Risk assessments and heath and safety obligations must also be considered. Home workers should also be made aware of their data protection obligations when processing information.
Dealing with childcare issues
The recent Ipsos Mori poll also found that 72% of working parents rely on an informal network of families and friends to care for their children. Flexibility and reliability were highlighted as key reasons why families and friends were chosen over private nursery care. But what are the ramifications for employer and employee when this kind of informal network is unavailable to an employee?
Time off for dependants
Employees have the right to take a reasonable amount of time off work to deal with the unexpected disruption or termination of care arrangements involving dependants. Whether that time is paid or unpaid will depend on the employer’s policy and practice.
So what would happen if a carer became unavailable? In such circumstances, employers should enquire about efforts made to find alternative childcare. They should also ascertain when the employee found out about the carer’s unavailability, as the more time that passes between this date and the date of the unavailability itself, the more opportunity the employee will have had to find alternative childcare. This is relevant in considering whether it is necessary for the employee to take the time off and therefore whether they are entitled to it. Disruption, cost or inconvenience to the business cannot be taken into account in refusing or granting time off.
Parental leave
Those with parental responsibilities of a child under five (or disabled child under 18), also have a separate right to take up to 13 weeks’ unpaid parental leave for caring for that child. Leave must be taken in blocks of at least one week; 21 days’ notice must be given to invoke the right; and the proposed start and end dates set out.
Parental leave could provide a solution to employees who are seeking some time off to care for their children. A large number of employees are unlikely to make such a request given that the right is to unpaid leave.
Employers should have policies in place that clearly outline the circumstances in which employees are entitled to time off for dependants or parental leave. Clear policies avoid different managers treating employees differently, with the confusion and potential legal issues that this can cause.
Conclusion
The results of the Ipsos Mori poll in Scotland suggest that the new Government’s plans to extend the right to flexible working to all would be welcomed by many. The coalition has stated, however, that it is committed to a consultation process with all stakeholders, including employers and individuals, to ensure not only a practical implementation, but a workable one too.
What is also clear from the poll is that companies and organisations should be aware of the obvious impact that family-friendly policies can ultimately have in creating a happier and more productive business.
Anna MacGregor is a senior solicitor in the employment team at Brodies LLP
