Flexible working opens to all farm employees

All workers employed in a business for half a year or more will be able to request flexible working arrangements under new rules.

From Monday 30 June, employers must address in a “reasonable manner” applications from anyone in a job for 26 weeks or longer.

Previously only carers or parents with children under 17 (or 18 if disabled) were able to apply for options such as job-sharing, homeworking and flexitime.

Businesses will still be able to refuse requests for one of eight possible reasons, such as extra cost or the inability to find more staff.

The government has forecast 182,000 requests to be made a year, of which just under half would be new.

It also predicted the cost to businesses to be £39.8m, but this would be offset by £55.8m of benefits.

See also: Farmers Weekly’s Business Clinic – get your questions answered

Phil Cookson, partner at Roythornes Solicitors, said the new rules should not be too significant for most farming businesses, as employee numbers were typically low and workers were mostly men.

But he said the number of applications would likely increase, particularly from staff returning from maternity leave or at bigger employers such as vegetable packhouses.

“You need to keep a file and detailed records as to how you deal with these requests,” Mr Cookson said.

“So, if you get a request from one employee and say yes to that, you need to record why, in case you need to say no to another employee in the future.”

“If it works, it works and if it doesn’t for one of the eight reasons you have got two things: you have got evidence to support your rejection and you have shown a readiness to give it a go.”
Jolyon Berry, partner at Birketts

Businesses must handle all requests reasonably, or risk being taken to an employment tribunal.

Reasonable treatment includes: weighing up the advantages and disadvantages, meeting with the worker to discuss the options and offering an appeals process.

Typically the worker writes to the employer, who considers the request within three months and responds by either changing the contract conditions in approval or refusing in writing.

Partner at law firm Birketts Jolyon Berry also said the impact on farm businesses would be relatively limited as the farm team usually worked closely together.

“In most cases, unless it is obvious you cannot accept a request, why don’t you agree with the member of staff to run it for a trial period of four to six weeks?” he said.

“If it works, it works and if it doesn’t for one of the eight reasons you have got two things: you have got evidence to support your rejection and you have shown a readiness to give it a go.

“I do not think it is anything to be a scared about. No one is going to force you to employ people in a way that is detrimental to your business.”

Mr Cookson added one agricultural effect could be for workers who ask to work flexibly when previously they might have left the role, such as those nearing retirement.

“In practice that might not seem a huge change, but if that sort of request gets approved it would affect their continuity of service,” he said.

“If they have more than two years’ service they would still be able to bring an unfair dismissal claim.”