Flexible Working

6.1.0.L7 Updated on:

From the 1st September 2018, employees have the statutory right to request Flexible Working, regardless of the reason for the request.  This can be a change to their hours, times or place of work.

How to make a request

Applications must:

  • Be dated
  • State that it is an application for Flexible Working
  • State the change they are requesting
  • State the date that the proposed change will come into effect
  • State the reason for the application
  • Explain the effect the proposed change would have and how that effect could be alleviated.

How the request should be dealt with

The manager must arrange a meeting as soon as possible, but within 28 days.  The employee has the right to be accompanied at the meeting.  The manager must notify the employee of the decision in writing within six weeks (from the date of the application), including details of the appeals process.  These time periods can be extended with the agreement of both parties.

What the outcome must include

The written decision must include a sufficient explanation.

If the request is accepted, the notification must:

  • Be dated
  • Include a description of the new working pattern
  • State the date from which the new working pattern takes effect.

If the request is refused, or a compromise has been agreed, the notification must:

  • Be dated
  • State the business ground for the refusal
  • Provide an explanation to support the business reason
  • Provide details of the employee’s right to appeal.

The grounds for refusing an application

The grounds for refusing an application must be one or more of the following:

  • The burden of additional costs
  • Employer would be unable to meet client demand
  • Inability to re-organise workload among existing employees or recruit additional employees
  • Detrimental Impact on the quality or performance of the business
  • Lack of work during employee’s proposed work times
  • Adverse effect on the employer’s planned staffing changes.

Any refusal must be objectively justifiable.

Right to appeal

Employees have the right to appeal, which must:

  • Be dated
  • Be within 14 days of the date of the notification
  • Set out the grounds for the appeal.

An appeal meeting must take place within 14 days from the date of the appeal.  The outcome must be notified in writing within six weeks.  The outcome must:

  • Be dated
  • Include information as described in “3. What the outcome should include” above
  • Contain grounds, although these are not specified in legislation.

Complaints to the Jersey Employment and Discrimination Tribunal

An employee can lodge a claim at the Tribunal within 56 days of the notification.  The Tribunal can make an Order for the request to be reconsidered and/or for the employer to make a compensation payment to the employee for up to four weeks’ pay.

Outcome

Changes agreed as a result of a request for Flexible Working will be regarded as permanent changes to the employee’s contract, unless a temporary arrangement or trial period is agreed in writing between both parties.

If a request is refused, an employee cannot make another request within twelve months.