Business aid: Dean Wilson Laing
Samantha Dickinson of local solicitors Dean Wilson LLP answers questions on Employment Law. This week: Employees with caring responsibilities
Q. I have an employee who cares for his elderly parents – I think he cooks for them and does their shopping and housework because they are infirm. He has asked to change to his working hours but I really do need him in the office between 9am and 5.30pm. Can I refuse his request because of the needs of the business?
A. You can’t refuse it without first meeting with him and properly considering the matter as a flexible working request. He should be asked to submit a written request setting out exactly what hours of work he wants to undertake, for how long and when he wants the new arrangement to start. He must also explain what impact he feels the new arrangement will have on your business and how this impact could be dealt with. You then need to have a meeting with him within 28 days of receiving the letter and 14 days after that you must write to him with your decision. He can be accompanied at the meeting by a colleague, should he wish. He is also entitled to appeal your decision.
Q. Why do we need to meet if I know already I can’t accommodate his request?
A. The law says you need to hold a meeting and I would strongly urge you to approach it with an open mind to ensure the reason(s) why you want to reject his request will stand up to independent (that is a Judge’s) scrutiny. You can put your concerns to him when you meet as he may have a way around them. If at all possible, you should try to reach a compromise that you are both happy with. Perhaps agreeing to vary his hours on a trial basis, say for six months. Whatever you agree should be recorded in writing a copy sent to the employee.
Q. Do I have to agree to his request either temporarily or permanently?
A. No, you don’t. You can reject it on one (or more) of the eight specified grounds but the burden is on you to demonstrate that the ground (or grounds) do actually apply. It can often be easier to do this if you’ve had a trial period and can objectively show that there was, for example, a detrimental effect on your ability to meet your customers’ demands.
An employee can bring a constructive unfair dismissal or even a discrimination claim so seek legal advice where necessary.
Do you have a question on employment law for Dean Wilson LLP? Send it to Latest Homes at our usual address, or by email to editorial@thelatest.co.uk
Samantha Dickinson, having qualified in 2001, was made a partner in April 2009. She specialises in employment law, but also has expertise in both civil and commercial litigation. She regularly represents clients in both the Employment Tribunal and the county courts and has had a number of notable successes.
