flexible working in relation to inequality at work

Sleep-in workers not entitled to Minimum Wage, Part-year workers to receive same holiday pay as full-year, World failing in duty of care to protect worker wellbeing, Night workers should get better pay and conditions, IoD sets recommendations on more diverse workforces, Ethical veganism now a protected characteristic, Ten of the biggest fraud and money laundering scandals. It dilutes ownership and restricts information sharing. 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. The working patterns of flexible employees can fall outside traditional office hours, locations, or job responsibilities. Possibly most relevant to those with parenting and caring responsibilities are direct and indirect associative disability discrimination. A survey of employers by XpertHR in 2013 found that almost half (47.8%) have up to 20% of their staff working flexibly. 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 working is any form of working arrangement that deviates from your organization's standard policy. 130 Wood Street The second notable development is that, as the pandemic worsened, flexible work schedules and supportive management have become even more important. Copyright The Chartered Institute of Personnel and Development 2022. 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. Atkinson's model of the flexible firm is an arrangement in which mangament offers employees different forms of flexibility practices namely functional,numerial and financial flexibility in order to optimize the use of human resources and quality of work. A flexible workplace is an environment that encourages that kind of mindset. 70% of UK employees feel that flexible working makes a job more attractive to them and 30% would prefer flexible working to a pay rise. We use some essential cookies to make this website work. Peter Cheese, chief executive of the CIPD, the professional body for HR and people development, comments: Recognize that tackling inequality is not the role of one, its the coming together of everyone, I was once told that Im scary, comments Teresa Boughey, founder of development consultancyJungle HRand author ofClosing the Gap. "Hybrid working existed before COVID and our survey reveals that more than half of employers in Britain expect this type of flexible working to increase once we come out of the pandemic. 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. If this is the case, please get specialist advice. "We are . 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. Employers may introduce flexible working arrangements for a number of different reasons, such as to improve productivity and performance (Artazcoz 2005). self-scheduling of shift work (n = 4), flexitime (n = 1) and overtime (n = 1). The Supreme Court has ruled that employees who only work for part of the year are now entitled to Read more Anti-money laundering service, SmartSearch, has reviewed ten of the most lucrative fraud and money Read more Government must finally deliver on workers rights, Club dancer was not firm employee, Tribunal finds, Law Commission recommends increased powers for Tribunals. If your employer refuses everyone flexibility for childcare, whether or not their children are disabled, this would not be direct associative disability discrimination. Flexible working can offer many benefits to employees - for example, by allowing them . 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. In addition to teaching . These roles tend to offer more autonomy and better bargaining power over conditions, including working from home. Contracted hours dipped in early lockdown, but by October they had recovered. But parents and carers who have their flexible working request refused may experience discrimination on the basis of sex, disability and marriage. At HubbleHQ, we found a 147% search increase for onsite office childcare facilities between 2018 and 2019, with only 1.1% of office spaces able to meet this demand. Flexible work promotes inclusive workplaces . Employers must deal with requests in a reasonable manner. For example, between 2005 and 2014 European companies had 14% women in their boards and this percentage rose to 24% since 2014. 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. 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. Monday 19 September has been declared a national bank holiday in order to commemorate Her Majesty Queen Elizabeth IIs State, In a landmark case for the UK care sector, the Supreme Court has ruled that time spent asleep during a sleep-in shift is not, The Supreme Court has ruled that employees who only work for part of the year are now entitled to the same holiday pay as, A new report by the Qatar Foundation, World Innovation Summit for Health (WISH), in collaboration, The TUC is calling for better pay and conditions for the 3.2 million workers who regularly work, The Institute of Directors has launched a new policy paper, The Future of Business: harnessing. "Our new advice can help employers look at the potential benefits of hybrid working, consider whether it is suitable for their workplace, and fairly manage any . flexitime and working-time autonomy, and the lack of control, i.e. Well-designed studies are therefore needed to further explain the relationship between flexible working and health and wellbeing. Flexible work requires us to choose when and where we do our best work. 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. Examples of handling requests in a reasonable manner include: Download Acas code of practice for handling requests in a reasonable manner (PDF, 387KB). Similarly, the relationship between working location (even if we just focus on 'working at home') and autonomy is very complicated. In my work, I have encountered many professional and executive mothers for whom motherhood brings a loss of identity. how starting and ending work are managed. There is no legal right to appeal a flexible working request, but you should check with your employer to see if they allow appeals. The researchers controlled for having kids at home or other caring responsibilities, income loss, and local Covid-19 deaths. How flexible working can help tackle inequality. Women are estimated to earn 76% of what men earn for the same work. It can sometimes be more effective if you focus on solutions and the way forward, rather than the things you are unhappy about. Flexibility over where someone works (those who work from home). She was described as lazy when she requested time off to look after her son whereas the other parents were not. Parents and carers who have their flexible working requests refused can experience discrimination if the refusal amounts to less favourable treatment because of sex. All employees have the legal right to request flexible working - not just parents and carers. She explains: I have always tried to raise it to the group leader and members involved who, more often than not, didnt even realize., While unconscious bias is a reality of todays workplace, Gibbins-Klein doesnt believe its constructive to go immediately to an antagonistic position, shaming and blaming. Inconvenience will not normally be a good reason, nor added costs, if this is the only reason for rejecting the change. place of work. This is the eighth year of the Women in the Workplace report. It can allow people to balance their work and home lives, is important in promoting equality at work and can lead to improved recruitment and retention of workers for employers. You must contact ACAS to start early conciliationwithin three months less a dayof the act of discrimination. Recognize intersectionality to further widen perspectives. 07958 156846. press.office@gmb.org.uk. Do I have to leave my job before making a claim? Each major category was given equal weighting and percentages were then compared to allow for ranking. The tribunal accepted that carers for disabled people were less likely to be able to be office-based than non-carers, and as such Mrs Follows was put at a substantial disadvantage because of her association with her mothers disability. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Some general principles have been developed by the courts in flexible working cases. See our section onstarting a claimfor further information and beware oftime limits. And most over-50s want to ease slowly into retirement . Data breakdown is available on request. Here six female leaders share their recommendations for what leaders should be doing next to tackle workplace inequality: 1. 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. By Robert Crawford 1st November 2014 12:00 am. This is known as the childcare disparity and the same principles could apply where women need flexible work because of other caring situations. Step 1: Getting started. Part-time work. For more information on the CIPD's Flex From 1st campaign visit: www.cipd.co.uk/FlexFrom1st. Flexible working rules are different in Northern Ireland. Tackling inequality is not the role of one. 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). The CIPD warns that if the downward trend in flexible hours continues, many workers may miss out on the benefits of having more flexible options available to them. Part of the pay gap can be attributed to the fact that, more often than men, women tend to engage in part-type work or work in lower-paid industries. Flexible working arrangements usually encompass changes to the hours, pattern and location of work. If you believe your employer has treated you unfairly, you can consider taking the following steps. Find a study centre that offers your preferred CIPD qualification and study mode, Learn about the knowledge and behaviours needed to work in the people profession, Get a 10% discount for a limited time on our courses, Boost your employer brand and attract and retain the best talent by becoming a CIPD People Development Partner, Get an internationally recognised qualification, All you need to know about being a CIPD student as well as access to a wide range of resources, Browse and purchase our range of textbooks, toolkits and e-books, The essential companion for busy HR professionals, Gain insight on issues that matter to HR and L&D, Access resources to support your response to the pandemic, Our profession plays an important role in ensuring work benefits everyone. To compound the problem, a 2014 World Bank report shows that, on average, women earn 10%-30% less than men for comparable work.". University staff and flexible work: inequalities, tensions and challenges Ciara Smyth a, . In theory, everyone falls under the category of one (or more) of the protected characteristics so we should all be . For more information on appealing a refusal of a flexible working request, see our article on what to do if your flexible working request is refused. Employers must address flexible working inequality, says CIPD. Unfortunately, parenting and caring is not protected characteristic under the Equality Act. A recent employment tribunal case (Follows v Nationwide Building Society) established that a claim for indirect disability discrimination by association is possible, although this area of law is not quite settled. London No single factor explained the drop, which resulted in the existing . You suffer a disadvantage as a result of not being able to meet the requirement or practice. Would simplistically improve work-related well-being indirectly by increasing autonomy but parents and carers who have their flexible arrangements! 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