Direct sex discrimination happens when an employer treats men less well than women, or women less well than men, because of their sex. Her employer rejected this request and offered her a post working 75% of her full time hours. Flexibility is becoming increasingly important for all . The most popular forms of flexible working in the survey were part-time hours and flexitime, whereas more radical forms of flexible working, such as mobile working, full-time homeworking and job sharing, were used by less than 2% of participants. . under the Flexible Working Regulations, you can only make one request for flexible working per year. Flexible working rules are different in Northern Ireland. Well-designed studies are therefore needed to further explain the relationship between flexible working and health and wellbeing. Flexible working is the name given to any type of working pattern which is different from your existing one. Employers may introduce flexible working arrangements for a number of different reasons, such as to improve productivity and performance (Artazcoz 2005). You can find more information in our article ongrievances. How flexible working can help tackle inequality. Generally, the analysis found that in regions where employees report better flexibility in hours, they tend to have less flexibility over where they work (the North East comes out top for flexible hours, but bottom for flexibility of location). The requirement or practice cannot be justified by your employer a real need for the business. If you are considering bringing a claim, you cancontact us for advice. There is also a relationship to higher skill/higher pay jobs that exist in London and the southeast. This is known as making a statutory application. prior to the covid-19 pandemic, the uk was already seeing a slow growth in the number of employees working from home, with around 5% of the workforce reporting working mainly from home in 2019 and around 30% reporting that they had ever worked from home. Possibly most relevant to those with parenting and caring responsibilities are direct and indirect associative disability discrimination. This can allow parents to perform necessary tasks, like dropping off and picking up kids, while succeeding in their professional role at the same time. People, policies and businesses respond to data. Law and guidance is changing regularly in this area. In addition to teaching . Remain positive in interactions. Gender balance is a whole-society issue where everyone has a role in bringing about change, she says. Peter Cheese, chief executive of the CIPD, comments: Employers should think creatively about the flexibility they can provide to those that need to be in the physical workplace as well as those who can work remotely, ensuring everyone has fairness of opportunity. Some teams are limited in how far they can work flexibly 25 Conclusion: Strong managers are critical for empowering teams to work flexibly 26 4. It analyzes (1) how schedule control, i.e. Flexible working options encourage organisational success by helping people to manage the demands of work with their personal life, and through this enhance satisfaction with . Similarly, the relationship between working location (even if we just focus on 'working at home') and autonomy is very complicated. A flexible work arrangement is an agreement between a workplace and an employee to change the standard working arrangement to better accommodate an employee's commitments out of work. Speak to your employer in the first instance and try to resolve things informally. Challenge is important because often its only through challenge that we can move forward in positive ways. The Employment Appeal Tribunal confirmed that women are more likely to find it difficult to work certain hours (for example, nights and weekends) or changeable hours (where the changes are dictated by the employer) than men because of childcare responsibilities. The employers policy could therefore amount to indirect sex discrimination.InBritish Airways v Starmer, Ms Starmer made a request to work 50% of her full time hours following her return from maternity leave. There is a real appetite among workers for a range of flexible working options. If you request a flexible working arrangement because of your disability, for example, allowing you to work part-time or different working hours to avoid the need to travel in rush hour, you may have a claim for failure to make reasonable adjustments if your employer refuses your request. The pandemic is proof that remote working is equally productive as working physically in the office. Anna adds that there is a misconception about flexible working that it is about reducing output when she says it is about getting more from people rather than less. Wales could "lead the world" in gender equality by allowing employees to choose when they work, say campaigners. Flexible working can give back this control and offer you the chance to work in a way that suits your individual needs. In many ways, this period has also marked a setback, rather than progress, in the march toward gender equality. Key Points. Genuine flexible working can be a win-win arrangement for both workers and employers. The TUC has called on the Government to finally deliver on better workers rights, four years on from the Taylor Review into, A nightclub dancer who was offered work by a consultant solicitor has had her Employment Tribunal claim dismissed after it was. Employees who work flexibly can structure their day themselves, which encourages autonomy and creates a sense of respect between employers and employees. Leaders need to demonstrate advocacy and an inclusive mindset, but also encourage everyone to commit to calling out inequality and involve them in decision-making., Mothers guilt is an incredibly powerful emotion that can lead to catastrophic consequences, notesDr Lucy Davey, a medical doctor and coach for professional and executive mothers. There are just so many other factors to take into account. Inconvenience will not normally be a good reason, nor added costs, if this is the only reason for rejecting the change. This definition is a physical or mental impairment which has a substantial or long term (i.e., more than 12 months) adverse effect on someones ability to carry out normal day-to-day activities. Recommendations to improve how employment law disputes are decidedhave been published by the Law Commission. But parents and carers who have their flexible working request refused may experience discrimination on the basis of sex, disability and marriage. Here she shares some of these men's stories and discusses the causes of professional inequality. You can alsocontact us for advice. It is mainly focused on dividing the workforce into core and peripheral groups. With ever-changing workplace restrictions, it may be unsurprising that workers have come to value time and location flexibility more than ever before. 15 Last-Minute Holiday Marketing Ideas For Brands Getting A Late Start, Nine Strategies To Align Talent For Long-Term Business Needs, The Times They Are A-Changin: How Gen Z Civic Leaders Are Revolutionizing Our Democracy, UNICEF: Time For Joint Action On Mental Health, 10 Strategies To Improve Sales Lead Conversion Rates, 15 Creative Ways To Market A Small Business For Free, When CMOs And CFOs Are At Odds, Rely On Data To Encourage Alignment, Six More Tips To Level Up Your Business Brand. Richards, 2015) have been explored primarily in relation to academic staff, but these . Currently, employees must have worked for an employer for at least 26 weeks to be eligible. In this instance the . . An employer can refuse an application if they have a good business reason for doing so. You may also be able to make a claim if you can show that if there was a woman in your situation, she would be treated better in the handling of a flexible working request. Flexible working arrangements might include: changing from full-time to part-time work. In her book No More Invisible Man: Race and Gender in Men's Work, sociologist Adia Harvey Wingfield documents the pervasive and often subtle ways that successful black men - people like doctors, lawyers, and engineers - continue to face inequality in the workplace. It has been successfully argued that, because women tend to have more childcare responsibilities than men, insisting that women work long or inflexible hours can amount to indirect sex discrimination. changing the part-time hours that you work, for example from weekends to weekdays. Making the business case. So, providing flexible working for employees is a great way to promote equality in the workplace. The last 12 months have been a difficult period of for millions of women around the world. We use some essential cookies to make this website work. The remaining four CBA studies evaluated a form of contractual flexibility: partial/gradual . This type of discrimination could occur when an employer refuses a flexible working request, or imposes a working pattern that puts those parenting or caring for someone with a disability at a disadvantage compared to those who do not parent or care for someone with a disability. Do I have to leave my job before making a claim? Some find this scary., Boughey, a member of the U.Ks All-Party Parliamentary Groups on Women and Enterprise, and Women and Work, argues that the rise of women is not about the fall of men. Having a wide range of flexible options is necessary to support the whole workforce and we want to see an increase in the uptake of all forms of flexible working, regardless of the type of work someone does or the region they're in. Regions with greater flexibility in terms of where employees work have the opposite problem, with less use of flexible hours and informal flexibility (Londoners have the best flexibility around where they work, but many don't have flexibility in their hours or informal flexibility with their employer). Must show they have thoroughly examined whether the change is feasible and what problems insisting on a particular working pattern will cause you compared to how essential it is for the business. GEAR step-by-step guide for research funding bodies. The pandemic has seen more businesses than ever embrace flexible working and proved it can be successful in most industries, says Janthana Kaenprakhamroy, CEO of business insurance providerTapoly. Her employer decided that she could no longer work from home on a full time basis due to a need to provide on-site supervision. All employees have the legal right to request flexible working - not just parents and carers. are a carer (under the Carer Recognition Act 2010) have a disability. You suffer a disadvantage as a result of not being able to meet the requirement or practice. While women historically left work to rear children, in Australia and many other OECD countries, the majority of working couples are now in dual-income relationships. Finally, working women may now get higher salaries than in . The main focus of the article is to present the conceptual frameworks found in literature in relation to gender inequality at work and to relate the theories to practice by using Sri Lankan garment industry as an example. However, your employer is not obliged to uphold your complaint. This article gives an overview of common types of discrimination that arise in flexible working cases involving caring responsibilities. There is also a relationship to higher skill/higher pay jobs that exist in London and the South East. Flexible working arrangements usually encompass changes to the hours, pattern and location of work. 07958 156846. press.office@gmb.org.uk. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300. c/o Buzzacott LLP In other areas the inequality of men and women is even larger: for example, in Japan, the same metric went from 1% to 2% and in North America from 15% to 18%. In other words, women make 76 cents for every dollar men earn for performing the same task. This advice applies in England, Wales and Scotland. Each major category was given equal weighting and percentages were then compared to allow for ranking. Using data from the ONS Labour Force Survey, the CIPD has ranked UK nations and regions from the most to the least flexible in terms of working arrangements. This can be achieved through D&I strategies and diverse and inclusive working environments that empower the workforce to contribute their full potential and allow their voices to be heard. Please call our helplinefor more details. Flexible working is any form of working arrangement that deviates from your organization's standard policy. Men can make a claim for direct sex discrimination if women in their organisation are being given more flexibility, or would have the same flexible working request approved. Flexible working relates to an organisation's working arrangements in terms of the time, location and pattern of working. Conversely, workers' requests for flexible working conditions may be driven by the need to better manage work and domestic or childcare responsibilities (Webster 1996). It will take only 2 minutes to fill in. I. Incorporated by Royal Charter, Registered Charity no. Where an employer treats someone less well, for instance by not changing that persons work pattern, for a reason connected to pregnancy, childcare, maternity leave or breastfeeding, this can also be direct sex discrimination. Flexible work promotes inclusive workplaces . It was women, especially mothers who worked part-time and on reduced hours, rather than full-time workers who work flexibly - i.e. Women who are unable to work in a pattern required by their employer may be able to claim direct sex discrimination, as well as indirect sex discrimination, depending on the circumstances. For instance, inColeman v Attridge Law, the employer did not allow Ms Coleman the same flexibility to look after her disabled son as they did her colleagues who were parents of non-disabled children. A flexible workplace is an environment that encourages that kind of mindset. If you are unhappy with the outcome of the appeal process, you cancontact us for advice. Contracted hours dipped in early lockdown, but by October they had recovered. 15% of working-age adults were estimated to have a mental disorder in 2019. Organisation 27 . Flexible working can offer many benefits to employees - for example, by allowing them . flexitime and working-time autonomy, and the lack of control, i.e. The article through UN reports and studies, stated that "women comprise 60% of the world's working poor, and that only about half of them participate in the labor force. In flexible working cases, indirect sex discrimination occurs when: When deciding whether indirect sex discrimination has taken place, tribunals look at the individual circumstances of each case. Conducted in partnership with LeanIn.Org, this effort is the largest study of women in corporate America.This year, we collected information from 333 participating organizations employing more than 12 million people, surveyed more than 40,000 employees, and conducted interviews with women of diverse identitiesincluding women of . These roles tend to offer more autonomy and better bargaining power over conditions, including working from home. Well send you a link to a feedback form. For instance, if your employer has a blanket policy against flexible working (e.g., because of fairness to all employees) or would not consider any flexible arrangements, this is more likely to amount to indirect sex discrimination. Dont include personal or financial information like your National Insurance number or credit card details. 1079797, Cost-of-living crisis: Help for employees, Getting, developing and keeping the right people, HR-inform: practical HR and employment law resources, Building the best HR teams around the world, Championing better work and working lives, 'Employers must do more to address flexible working inequality' says CIPD, as new analysis highlights 'flexible working notspots' across the UK, Informal flexibility (how start/end time is determined, ability to take a couple of hours off during the working day to deal with personal matters, able to take leave at short notice, frequency of unforeseen work demands or available for work in free time). From this perspective, flexible employment practices are seen to promote isolation, job insecurity, gender inequality, reduced career prospects, longer working hours and work-life imbalance among the workforce ( Bone, 2006; Whittle and Mueller, 2009 ). Using data from the ONS Labour Force Survey, the CIPD has ranked UK nations and regions from the most to the least flexible in terms of working arrangements. Registered Charity No. If, for example, a man is refused flexible working in a situation where women doing similar jobs are allowed to work flexibly, this could be direct sex discrimination. Your employer should not ignore your grievance, fail to hear it within a reasonable time or reject it out of hand (as doing so could amount to a breach of your employment contract). The analysis found that workers in southeast England have the best flexible working options, followed by the east of England, while workers in Yorkshire and Humber are least likely to have flexibility in their role. Try to keep communications friendly if you can. Employees (other than a casual employee) who have worked with the same employer for at least 12 months can request flexible working arrangements if they: are the parent, or have responsibility for the care, of a child who is school aged or younger. If the above steps do not resolve the matter you could bring a claim in the employment tribunal. are 55 or older. A survey of employers by XpertHR in 2013 found that almost half (47.8%) have up to 20% of their staff working flexibly. Stand up against violent and inappropriate behavior Every employee should feel safe when they're at work no ifs or buts. Flexibility over when someone works (flexible hours including flexi-time, annualised hours, term-time working, job share, four-and-a-half-day week, zero hours contract). Examples of handling requests in a reasonable manner include: Download Acas code of practice for handling requests in a reasonable manner (PDF, 387KB). To help us improve GOV.UK, wed like to know more about your visit today. Most employers will not actually say: the reason why Im dismissing you is because of your protected characteristic. This decision inFollowsdoes not change the law in the UK as employment tribunal decisions are non-binding, which means that other tribunals are not required to follow them. One study found that companies with diverse workforces were 25% more profitable than less diverse ones. Bear in mind women fit in more than one category, so equal opportunities should be opened up to everyone, regardless of age, ethnicity, sexuality and disability, to raise up all women, saysBirgitta Sjstrand, a leadership trainer based in Sweden and author ofOutstanding in the Middle. If this is the case, please get specialist advice. how work is managed in the workplace to help employees and businesses. Of course there are several theoretical arguments to relate flexible working to less work-family conflict, and therewith higher well-being since conflict and well-being are clearly related (Back-Wiklund et al. Instead of expressing worry, you can encourage yourself and coworkers by offering positive insight and inspiration to continue working. The person you are associated with (e.g., your child or dependant) needs to meet the definition of disabled under the Equality Act. Firstly, they decide whether you have provided sufficient proof that an act of unlawful discrimination has taken place. 1 this increased rapidly during the pandemic, with 46.6% of people in employment doing at If your employer refuses everyone flexibility for childcare, whether or not their children are disabled, this would not be direct associative disability discrimination. But parents and carers who have their flexible working request . place of work. Generally, the analysis found that in regions where employees report better flexibility in hours, they tend to have less flexibility over where they work (the northeast comes out top for flexible hours, but bottom for flexibility of location). The main benefit is the increased free time you get and this means less pressure on maintaining a work-life balance. how starting and ending work are managed. Having a workforce that represents the true diversity of the world brings the magic to make teams thrive., Mindy Gibbins-Klein, international speaker and managing director ofPanoma PressandThe Book Midwife,recalls being at meetings and noticing something like an old boys network starting to form. For more information on the CIPD's Flex From 1st campaign visit: www.cipd.co.uk/FlexFrom1st. It dilutes ownership and restricts information sharing. Previous CIPD research found the use of flexible hours such as part-time or flexi-time - has dropped over the last year, while working from home has increased. Flexible work can also be used to change: how work is done.
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