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19 November 2008
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Flexible working
from working families.org

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Types of flexible working

Part time working
There is no legal definition of what exactly is part time working but the law protects part time workers. They must not be treated less favourably just because they are part-time (see 'Rights of part-time workers' below). Note that although there is no legal definition of part-time work, benefits and tax credits do have minimum and maximum hours.

Flexi time
Flexi time allows you to vary your hours, although there is usually a 'core' time where you have to work, and an expected number of working hours a day. For example if the core time is 10 am - 4 pm you could work 8 am - 4 pm, 9 am - 5 pm or 10 am - 6 pm. If you worked 8 am - 6 pm one day you could bank the extra two hours and work two hours less another day. Many schemes allow you to bank hours over a long period and take whole or half days off.

Job sharing
Job sharing is where a job is split, usually between two people. For example one person might do mornings and another afternoons or one could do Mondays and Tuesdays and the other Wednesdays, Thursdays and Fridays. Sometimes there is a period when both job sharers are in the office to liaise and handover.

Term Time working
This allows you to work full or part time during the school term only while taking unpaid leave in the holidays. Your pay may be averaged out over the year.

School hours working
This involves working school hours only so you can drop the children off and pick them up.

Compressed hours
You work more hours a day but fewer days a week.

V-Time
This means a voluntary reduction in hours, maybe for an agreed period of time.

Working from home
Also called teleworking or distance working. You can work all or part of the week at home. Working from home is not a substitute for childcare for young children, although it can still be useful as it cuts down on commuting time. Your employer is still responsible for your health and safety when working at home so can insist that you have the correct equipment.

What is right for you?

Before you decide which pattern of working is best for you, think about how it will affect your finances and career. If you reduce your hours will you still have enough income to live off? How will it affect your travelling and childcare costs? Do you need to fit around a partner's shifts or fit in with childcare? Do you need the change to be permanent or is it just for a few months? If you need some help working this out, call the Working Families helpline on 0800 013 0313.
As well as this you need to consider what is possible in your job. Do you need to be available at certain times? Do you need to be physically present at your place of work to do your job or could part of it be done from home?
You also need to think about the effect it will have on your employer. A request under the Employment Relations Act 2002 (see below) must state what effect the working pattern will have and how you can avoid it having a negative effect on the business. It is also good to be ready to point out how it will help your employer, for example doing paperwork at home rather than the office would free up a desk.

The law
Although there is no absolute right to work part time there are two pieces of legislation that can help you get flexible working. The Employment Rights Act 2002 introduced the right to request procedure in April 2003. It gives certain employees the right to ask to work flexibly and employers the duty to consider this seriously. The right to request is available to both men and women, and covers the hours an employee works, the times s/he is required to work and the place of work. It is important to understand that a change granted under the right to request is permanent - if you want a temporary change only this must be specifically negotiated with your employer.
The Sex Discrimination Act 1975 is the second relevant piece of legislation. This act prohibits both direct and indirect sex discrimination. Women have successfully argued that making them work full-time without justification is indirect sex discrimination, because they are more likely than men to have childcare responsibilities. Direct discrimination is when an employer treats the sexes differently, for instance by allowing female staff to work flexibly but not male workers. These rights are set out in more detail below.
In addition, you should always check to see if your contract of employment and/or company policy allow you to work flexibly. If they do, then you ought to point this out to your employer when making your request. If there is a right to work flexibly in your contract or in the company policy, and you are not allowed to work flexibly, then in addition to the rights below, you may be able to claim your employer is in breach of contract.

Rights of part timers
The Part time Workers Regulations 2000 give part-timers the right not to be treated less favourably than full-timers, unless such treatment can be justified on objective grounds. For example a part-timer must not be paid less than a full-timer pro rata, or be excluded from a pension scheme or from training. If you change from working full-time to part-time, you must not be treated less favourably than when you were full-time. However, it is important to note that the regulations do not require an employer to allow flexible working.

Negotiation
Although the law may be able to help you in relation to flexible working it is obviously better to try to reach a negotiated agreement with your employer.
It is important to be careful about how and when you approach your employer in case you cannot reach agreement and decide to take matters to an employment tribunal. With this in mind it is useful to take advice before approaching your employer, to make a note of all conversations with them and to put things in writing wherever possible. Try to suggest solutions to any of the problems they might raise. Gather information about people who do similar jobs to yours on a flexible basis. You need to think carefully about your situation and try to put forward the best proposal you can of how your new arrangement would work.

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