Archive for the ‘Flexible Working’ Category

Calls for businesses to help new fathers balance work/life

Wednesday, March 17th, 2010

Nearly 1 in five working men (18%) would take all of the proposed six month paternity leave, according to a YouGov survey commissioned by the mobile phone company Orange.

The research found that money concerns were the main factor preventing those who would not take all the leave from taking it (47%), with a quarter (27%) claiming that they wouldn’t take any time off when it comes into effect from April 2011.

The survey also found that 15% of working men attributed their decision not to take the leave to believing they’re too vital to the business to be absent for six months, while 3% believe the senior management in their company are actively against it.

79% of working men said they would make use of a flexible working arrangement if their employer encouraged it, but 30% lacked the necessary support from their senior manages and colleagues, with just 10% currently practising flexible working.

Orange UK spokesman Martin Lyne said: “Businesses need to address this demand or they risk losing valuable members of staff and future revenues. It is surprising how few employers encourage flexible working schemes, especially when there is so much technology to enable it.”

He added: “In today’s modern working environment, it is right that businesses enable male employees to take their full paternity leave. And it does not have to mean huge sacrifices by either party. The mobile technology which currently exists can empower staff to redress their work-life balance for their staff and enable new fathers to spend time with their families.”

Employment Law Clinic entirely endorses the message from Orange, and encourages any small business requiring advice on flexible working to get in touch.

Posted in Flexible Working, General News, Laws & Regulations | 1 Comment »

Tribunal Allows Holidays to be Carried Forward

Monday, February 22nd, 2010

Following two important decisions on holiday pay (Stinger and Pereda) from the European Court of Justice (ECJ) , an employment tribunal has now ruled in a case (believed to be the first case of this nature since last year’s decisions) in favour of the employee.

The case – Shah v First West Yorkshire Ltd – involved an employee that was off sick for three months, but had previously booked leave to be taken within this period. The employee wanted to change the timing of his leave, but as this meant the leave would have to be carried forward to the next year, the employer refused the request.

The Tribunal ruled that the employer’s approach was wrong: while the Working Time Regulations specify that no more than eight days can be carried forward, the Tribunal felt that Shah was “entitled to take the holidays which he was prevented by ill-health from taking… in the following leave year.”

The judgement confirms that the law on carrying forward holidays in the UK is currently a grey area. In normal circumstances carrying-forward more than eight days should not be permitted, and the case of Lyons v Mitie Security confirms that employers do not always have to approve leave, even if the alternative will be for the employee to lose it. But in cases where an employee is unable to take leave due to illness, employers should normally consider permitting the leave to be carried forward.

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Posted in Employment Tribunals, Flexible Working, Health & Safety | No Comments »

Flexible Working is good for health

Friday, February 19th, 2010

A review published this week by the Cochrane Collaboration has suggested that flexible working will benefit not only family life but health too.

Flexible working conditions and their effects on employee health and wellbeing included ten studies involving a total of 16,603 people which focused on various different forms of flexible working. Self-scheduling of working hours was found to have positive impacts on a number of health outcomes including blood pressure, sleep and mental health. In one study, for instance, police officers who were able to change their starting times at work showed significant improvements in psychological wellbeing compared to police officers who started work at a fixed hour. “Flexible working seems to be more beneficial for health and wellbeing where the individuals control their own work patterns, rather than where employers are in control,” said the review lead, Clare Bambra of the Wolfson Research Institute, Durham University in the UK. “Given the limited evidence base, we wouldn’t want to make any hard and fast recommendations, but these findings certainly give employers and employees something to think about.”

The Cochrane Systematic Review included ten studies involving a total of 16,603 people which focused on various different forms of flexible working. Self-scheduling of working hours was found to have positive impacts on a number of health outcomes including blood pressure, sleep and mental health. In one study, for instance, police officers whowere able to change their starting times at work showed significant improvements in psychological wellbeing compared to police officers who started work at a fixed hour. “Flexible working seems to be more beneficial for health and wellbeing where the individuals control their own work patterns, rather than where employers are in control,” said the review lead, Clare Bambra of the Wolfson Research Institute, Durham University in the UK. “Given the limited evidence base, we wouldn’t want to make any hard and fast recommendations, but these findings certainly give employers and employees something to think about.”

Posted in Flexible Working, Health & Safety | No Comments »

Paternity Leave Increasing to 6 Months

Saturday, January 30th, 2010

The Government has published its plans to allow fathers to take up to 6 months paternity leave. Legislation is due to be in force from 6 April 2010, with effect for parents of babies due from 3 April 2011.

Key points:

  • up to 6 months of paternity leave for eligible fathers;
  • procedure will rely on self-certification, but employers may look into claims where doubts are held;
  • Government estimates are that 4-8% of eligible fathers will apply;
  • notice required to take leave will be 6 weeks;
  • the procedure will rely on self-certification, but employers may request further information where there is doubt about the claim;
  • the procedures will apply from 3 April 2011.

The Additional Paternity Leave and Pay (APL&P) will enable fathers to take up to 26 weeks paternity leave in addition to the two weeks currently available when a child is born:  parents will be able to use the new right to transfer leave between them, both for the final three months of paid maternity leave (while maternity leave is currently only paid for 9 months, the Government maintains a goal to extend Statutory Maternity Pay to 52 weeks), and for three months of unpaid leave.

While recognising that the introduction of APL&P will impact on businesses, the Government considers the administration of the scheme has been designed to be as ‘light-touch’ as possible to minimise the burden placed upon businesses. Small businesses will be able to claim back 104.5% of Additional Statutory Paternity Pay (ASPP) payments made, with larger employers able to claim 92%.

More detailed guidance will be prepared during 2010.

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