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Want to stay on the right side of the law? We support businesses and public authorities and help them to promote good practice.
 
 

Flexible working

What you need to know

How we can help

Making it work

Publications

 

What does flexible working mean?

Flexible working means offering your employees alternative work patterns and arrangements including reduced hours, permission to work from home etc. There are many good reasons for providing flexible working arrangements.  For example:

 

  • It promotes equality of opportunity in employment for many people; especially for women and people who have disabilities
  • There is evidence to show that most employers in Northern Ireland believe that employees should be able to achieve a satisfactory work/life balance, and that the provision of flexible working arrangements either has no negative impacts on their businesses or that it delivers positive benefits, such as increased employee motivation, commitment and productivity, less absenteeism and better employee relations.
  • Having flexible working practices often encourages staff retention and cuts down on recruitment costs.

 

Many employees enjoy legally enforceable employment rights which give them entitlements to flexible working arrangements. It would, therefore, be unwise to make snap decisions, especially refusals, about your employees’ requests for flexible working as you must follow legally enforceable procedures and/or provide reasoned, fair and justifiable decisions.

This does not mean that the needs and rights of employees will necessarily over-ride the needs of an employer’s business, or vice versa. But the nature of an employee’s legal rights will often require an employer to weigh their business needs against those of their employee in order to reach an appropriate and proportionate balance between the two.

Getting started in 6 steps:

1. Develop an equal opportunities policy

This declares that you are committed to promoting equality of opportunity in employment for all persons.

 

2. Develop a flexible working policy and procedure

This which declares that you are committed to providing flexible working arrangements and fair and non-discriminatory treatment to those employees who use them, or wish to use them. The document should set out your procedure for considering employees’ requests for flexible working arrangements and for implementing the decisions that you make. The procedure should also meet minimum statutory requirements.
 

 

3. Inform employees about the policy and procedure

Include your flexible working policy and procedure in your employees’ handbook, or on the workplace intranet or noticeboards.
 

4. Provide training to your managers/decision-makers

Training should provide them with an understanding of your legal responsibilities and their own responsibilities under the relevant policies and procedures.
 

5. Review recruitment and selection procedures

This ensures that when a new job is being developed that the possibility of it being done under a flexible working arrangement is considered.
 

6. Monitor and review the operation of your flexible working policy and procedure

This should be done periodically, for example once every three years.
 

What is basic good practice? (step by step)

The task of complying with the network of legal rights which employees enjoy can best be achieved if employers and managers understand their responsibilities, are committed to fulfilling them and go about making decisions in a reasoned, consistent and fair manner. You should try to make this happen by establishing a framework or environment in which decisions can be made accordingly.

The Equality Commission strongly recommends that you take the following steps to establish such a framework or environment:
 

  • Step 1 - Develop and implement an Equal Opportunities Policy and a Harassment Policy which acknowledges your commitment to promoting equality of opportunity in employment to all persons and to providing your employees with a good and harmonious working environment in which they will be treated with dignity and respect and not subjected to harassment.
     
  • Step 2 - Develop and implement a policy on flexible working which acknowledges your commitment to providing flexible working arrangements, and to providing fair and non-discriminatory treatment to those employees who avail of them, or wish to avail of them.
     
  • Step 3 - Establish a systematic and objective procedure for considering employees’ requests for flexible working arrangements and for implementing the decisions that are made.
     
  • Step 4 - Inform employees about the policies; for example, by including them in the employees’ handbook, or on the workplace intranet or noticeboard.
     
  • Step 5 - Provide training to all managers so that they understand their employers’ responsibilities in relation to these legal rights and their own responsibilities under the relevant policies and procedures.
     
  • Step 6 - Amend recruitment and selection procedures to build in a stage where consideration will be given to allowing for flexible working arrangements when developing the particular job structures of each post (i.e. where, how and when each job will be performed) and in developing the corresponding job descriptions and personnel specifications.
     
  • Step 7 - Monitor and review the operation of the policy and procedure periodically; for example, every three years, or some other period that the employer considers appropriate.
 

Reasonable adjustments for disabled employees

There are occasions where the duty to make reasonable adjustments for disabled employees is also in effect a duty to provide (reasonable) flexible working arrangements for the disabled employees who need them.

For example, you allow a disabled person to work flexible hours to enable them to have additional breaks to overcome fatigue arising from their disability. Further examples are available on page10-11 of our Flexible working - Guide for Employers (pdf) and pages 83-90 of our Disability Code of Practice for Employers (pdf)

 

How can discrimination be avoided?

  • Follow the flexible working policy and procedures that you have established, apply the policy consistently and keep a written record of the decision-making process
  • Keep an open mind and give serious, genuine consideration to the employee’s request and consider alternative arrangements
  • Check that the information upon which the decision will be based is factually correct and only consider information that is so
  • Give considerably more weight to those options that are genuinely essential for the operation of the organisation compared to those that are merely convenient or desirable.

What should I not do?
 
  • Refuse to consider requests solely on the basis of legal technicalities alone
  • Assume that because a particular option is more convenient or desirable for the organisation that it is genuinely necessary
  • Treat cost or expense as the sole deciding factor; although, it is legitimate to consider the relative financial costs of various options along with other factors (like those listed below)
  • Discriminate against employees on any of the statutory anti-discrimination grounds.
 

Are there valid reasons to refuse flexible working?

There is no exhaustive list of business-related or other legitimate factors that you might take into account when balancing your own needs or aims against those of an employee, but they might include the ones listed below:

  • the burden of additional costs
  • detrimental effect on ability to meet customer demand
  • inability to re-organise work among existing staff
  • inability to recruit additional staff
  • detrimental impact on quality
  • detrimental impact on performance
  • insufficient volumes of work during periods the employee proposes to work
  • planned structural changes
 
 
 

How we can help

We believe that helping you promote and encourage good equal opportunities practice is as important as enforcing the equality law. Every year, the Commission helps hundreds of businesses and organisations comply with equality laws.

We recognise that employers' needs differ across sectors and businesses – so we tailor our services to meet employers’ varying needs.

Training

We provide high quality training seminars and information sessions to employers on a wide range of equality issues.

These events provide advice and guidance on employers’ duties under current equality laws and on introducing best practice. We recommend that employers carefully consider their needs and choose the seminars and sessions which are of most benefit to them.

 

    Training sessions include:


   •  Introduction to understanding equality
   •  Equality training for line managers
   •  Recruiting fairly
   •  Bullying and harassment at work
   •  Pregnancy, maternity and flexible working
   •  Absence and performance management
   •  Promoting disability in the workplace 
   •  Reasonable steps defence
   •  How to complete an Article 55 Review
   •  Monitoring form workshops

 

 

 


 

 

 











We are flexible in terms of themes covered and can tailor courses to suit employers’ business needs. Further details are available on our employer training page or email edtraining@equalityni.org - Tel: 02890 890888.

 

In-house training

On occasion, the Commission can provide in-house training for organisations.  Where we agree to such a request, we will normally deliver one session to key staff within the organisation and assist them to disseminate the training internally. For in-house training requests email edtraining@equalityni.org or Tel: 028 90 500560.
 

Speakers for your event

If you are organising an equality related event, our staff can share their expertise to highlight relevant issues in equality law that relate to your business priorities. For further information, contact Paul Oakes poakes@equalityni.org  Tel: 028 90 500600.
 

Employer equality networks

We organize regional and sectoral networks to enable employers to work with the Equality Commission and other employers to address common issues, challenges and opportunities. The networks are as follows:
 

Regional Equality Networks Sectoral Equality Networks
  • Antrim and Ballymena
  • Armagh and Newry
  • Fermanagh area
  • Retail sector
  • STEM (Science, Technology, Engineering, Maths)
  • Voluntary sector


Members currently include Iceland Foods Plc, Tesco, Sainsburys, Primark, Henderson Group, Winemark, Marks & Spencer, Co-Op, Dunnes Stores, IKEA, House of Fraser, Homebase, Botanic Inns Ltd, Debenhams and Asda.  Read more>

If you are an employer and would like to join an Employer Network email: edenquiries@equalityni.org or Tel: 02890 890888.

 

Employer news ezine

To receive updates on our training seminars, events and employer equality networks sign up to receive our Employer & Service Providers' Newsletter using the subscribe button at the bottom of the page.

 
 

 

Making equality workMaking Equality Work

We believe that helping you to promote good equal opportunities practice is as important as enforcing equality law.  When you do something good why not share it so that others can see how to make equality work for them?

We help all kinds of organisations to use equality as the guiding principle for the way they operate and reap the rewards of diversity as well as achieving a reputation as a great organisation to work for and do business with!

View some examples of how other organisations have made equality work for them.


 

Southern Trust
Respecting cultural diversity in delivering health services

 

Belfast Trust
Addressing employability for people with mental health disabilities

 

Graham Construction
Moving beyond compliance to equality champions

   

Waterways Ireland
Enabling Fair employment through affirmative action

 

South West College
Welcoming statements

 

Ladbrokes
How Ladbrokes enable disabled customers to use their services

   


 

Does your organisation have examples of good practice that worked for you?

Tell us about it using the form below and we can feature your organisation here too.


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This is a selection of publications that are relevant to flexible working: 
 


Useful website:


If you need further advice please contact our Advice and Compliance team - 028 90890888. You can search for other publications in our publications database

 

 
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