As a natural consequence of the work that I do, I am often asked to provide expert input to a situation where a flexible working arrangement has come under scrutiny. This can either take the form of expert reports which analyse the viability of a particular working pattern or, if the matter has already become contested, then I can give evidence in tribunal hearings where necessary. Clearly, it is better for all concerned to avoid any kind of litigation, so I hope that I am called upon early enough in the process to help both parties understand the relative viability of the proposed flexible working arrangement. I talk about it in more detail here.......
Individuals applying for a flexible working arrangement:
An employee may need objective evidence to show that a particular job can be performed in a particular manner e.g. part-time, flexible hours, job-share and so on. Some employees can, and sometimes do, provide their employer with some examples of other people performing their role in a flexible manner either within their own organisation or in another organisation. However, not all employees can find those comparables, particularly in specialist areas, and that is where I can often help. I find comparables in other organisation who are peforming the same or similar role to the applicant's, with similar parameters i.e. similar client base, deadlines, team structure and so forth. Comparables can be very persuasive: if your boss sees that another company is able to offer your role in a flexible working manner that is a good indicator that the role can feasibly be performed flexibly. If your boss is clued up, he/she will also quickly realise that, if his/her competitors are doing it, his/her employees may soon be heading out of the door to seek a better work/life balance in the competing firm.
Unfortunately, some companies refuse to agree to a flexible working arrangement and, in the process, have managed to open themselves up for a claim against them for indirect sex discrimination, under the Sex Discrimination Act. In these cases, I have often been asked by an individual to prepare evidence in support of their application to the Tribunal.
I DO NOT ACT IN CONTENTIOUS EMPLOYMENT DISPUTES, as my whole ethos is one of conciliation and mediation. However, I can and do provide objective reports outlining what kind of flexible working arrangement could/would be feasible in any given set of circumstances.
If you look at the Case Studies you can see some examples of this.
On behalf of a company
Some companies find themselves in a position where they have to determine whether or not a particular role can be performed in a particular flexible manner and may ultimately have to defend a decision to reject a particular request to work flexibly.
An employer may argue that the employee’s request is not practical, for example, because the employee is in a position of responsibility or because the client demands a certain standard of service. The legislation provides that an employer must “objectively justify” their decision. Often, my clients may struggle to "objectively" justify their decisions through lack of objective evidence. I help companies analyse a particular role and applicant to determine whether the company would be justified in refusing an application. If required, I can also provide expert evidence to support these decisions in the Employment Tribunal where a decision to refuse an application can be objectively justified.
How can I provide such evidence?
Typically, I will interview the applicant and analyse with them their role, their team structure, their client base, their skills base and their level of expertise to determine the viability of a particular working arrangement. Sometimes, it becomes clear that an applicant is in a very specialist field or role and that there may be certain hurdles to overcome in order to make the proposed arrangement work. I find comparable individuals in other organisations, interview them and then bring back my findings either to the applicant, if they have consulted me or to the client company. I then have the learnings from these other interviewees to bring to play in the applicant's proposals.
I also have a database of roles, companies and individuals working flexibly on which to draw as and when required.
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