Flexible working is a key area in design and creative industries. The phrase ‘our clients won’t accept it’ or ‘it doesn’t work in our industry’ is commonly heard.
The main issue is that there is a right to request flexible working as opposed to a right to work flexibly. ‘I believe that the industry needs to open its eyes to more flexible ways of working and embrace the opportunities that exist. Too many companies see it as a problem, whereas there are many positives. For example, think of the increased skills base that would be made available if you could offer part time or home working,’ says Marks.
Everyone has the right to request flexible working arrangements, but an employer only has a legal duty to consider the requests of certain employees, notably parents with children up to 16 years old. However, many companies would view it as good business sense to consider flexible arrangements with their employees, so it is always worth asking even if your circumstances don’t offer you a statutory right.
Here are the main flexible working rights and the groups which hold them:
Right to request
Qualifying employees have the right to request flexible working arrangement
Eligibility
The right to request flexible working has recently been extended to parents with children up to the age of 16 (and remains at 18 for disabled children). Carers of adults also have the right to work flexibly, provided the person in need of care is the employee’s relative, partner or spouse, or lives at the same address
Consider
Employers have a duty to consider such a request but not to necessarily accept it. If there is a justifiable business reason why the proposal will not work they can reasonably refuse the request
Reapply
If an employee puts in a request to work flexibly but the request is declined, they cannot reapply for at least twelve months.