Skip to main content
Practical employment law information for your organisation.

Search

Establishing a successful recruitment process and clear written employment contracts for new employees can have a major impact on your business.

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

You must comply with legal restrictions on employees' working hours and time off, or risk claims, enforcement action and even prosecution.

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

10 things you need to know about flexible working rules

Employees might like the sound of flexible working to give them a better worklife balance. But how flexible do employers really need to be?

  1. By law, employers must “consider seriously” requests to work flexibly from all eligible employees (they must have the qualifying length of service - 26 continuous weeks - and have not made another application within the preceding 12 months). 
  2. Flexible working is any working pattern other than the normal working pattern - it can involve changes to the hours an employee works, the times they are required to work or their place of work.
  3. Employees may request to do some or all of their work from home. Employers still have health and safety obligations to employees working at their home.
  4. The employee must prepare a detailed written application well in advance of when they want to change their working pattern. It is good practise to acknowledge an application to work flexibly in writing.
  5. Employers can refuse an application to work flexibly only if there is a valid business reason, such as: the burden of additional costs; inability to meet customer demand or reorganise work amongst other employees; detrimental effect on quality or performance; insufficient work when the employee proposes to work, etc.
  6. If you refuse an application to work flexibly, the employee may appeal. They must write to do so within 14 days of you sending your letter of refusal. You must have another meeting within 14 days of receiving this letter to hear the appeal. You must write, accepting or refusing the appeal, within 14 days of this meeting.
  7. In some circumstances, the employee may decide to make a formal complaint to an employment tribunal or to the Acas arbitration scheme.
  8. If you accept a request for flexible working you will need to amend the employee's contract of employment to reflect the changes. If the new flexible working arrangement involves changes to the number of hours worked, you will need to amend the employee's pay and holiday entitlement.
  9. You must be consistent in your approach to flexible working. Keep records of who has applied to work flexibly, and what your response was. Monitor and evaluate how the new arrangements are working.
  10. Special events, eg major sporting events and royal weddings, are in themselves not reasonable grounds for requesting flexible working. However, granting some flexibility for special occasions could be good for staff morale - providing employees make up the time and it doesn’t detrimentally affect the business.

Stay up-to-date with business advice and news

Sign up to this lively and colourful newsletter for new and more established small businesses.

Contact us

Make an enquiry