Logo
Implied terms of an employment contract
In this guide:
- The employment contract
- What a contract of employment is
- The written statement of employment
- The principal statement in the employment contract
- Putting together an employee's written statement of employment
- Implied terms of an employment contract
- How to change an existing contract of employment
- Employee enforcement of the right to a written statement of employment
- Breach of employment contract claims
What a contract of employment is
The various documents and agreements that can form part of a contract of employment.
The terms of a contract of employment may be oral, written, implied, or a mixture of all three.
Where to find terms of a contract of employment
The terms of a contract of employment can be found in a variety of places, such as:
- the original job advertisement
- written correspondence, eg letters, and emails, between you and the employee
- the principal statement
- the written statement of employment
- other written agreements
- oral agreements
- your company policies
- an employee/company handbook
- legislation and case law
Terms through custom and practice
Certain terms of employment may become established or implied in the contract of employment by custom and practice. They may, for example, be regularly adopted within a trade or industry in which the employee works. In the absence of any express or written terms of employment, this is often the only way that an employee can establish their entitlement to important contractual rights. For a term to be implied by custom and practice it must be:
- reasonable - fair and not arbitrary or capricious
- certain - clear to all and not capable of being interpreted in different ways by different people
- notorious - well known to all to whom it relates and should have been in existence for a considerably longer period of time
Terms that could be viewed as implied by custom and practice could include the provision of transport to work, rest breaks, finishing times, commissions, entitlements to overtime payments etc, where these terms are not clearly expressed elsewhere. An oral contract is as binding as a written one, though its terms may be more difficult to prove.
If you want to include provisions specific to the individual, you can state these either orally or in writing. However, stating them in writing may prevent disagreements in the future.
If you issue a written contract, it should reflect those terms and conditions that are currently in place on the date of issue, unless you have agreed on changes. If you have agreed to changes, you should include a term in the written contract stating that it replaces all previous discussions/correspondence in relation to terms of employment.
If you do not have any kind of written contract of employment with an employee, you must - at the very least - issue them with a written statement of employment.
If you have some kind of written contract of employment with an employee, you do not need to issue a written statement as well - provided that the contract contains all the items required in a written statement.
Read more on putting together an employee's written statement of employment.
Developed withActionsAlso on this siteContent category
Source URL
/content/what-contract-employment
Links
The written statement of employment
Who is entitled to a written statement of employment, when you should issue it, and how it should be presented.
The written statement of employment is not a contract in itself but is that part of the employment contract that must be provided in writing. In the case of a dispute you can use the written statement of employment as evidence of an employee's terms and conditions.
Who is entitled to receive a written statement of employment?
All employees - ie individuals working under a contract of service - are entitled to receive a written statement of employment if their employment is going to last for one month or more.
Individuals who are not employees - eg independent contractors, freelancers, casual workers, and some agency workers - are not entitled to a written statement of employment.
When to issue a new employee's written statement of employment
You must give all the required particulars within two months of the date when the employee's employment begins.
If during the first two months, an employee leaves the UK to work abroad for more than one month, you must give them a written statement of employment before they leave.
Presenting a written statement of employment
The written statement of employment can consist of one or more documents and must set out certain employment particulars. You have to put some of these particulars in a single document, known as the principal statement.
You can set out the remaining particulars in either this document or other documents - see putting together an employee's written statement of employment.
If the written statement is made up of more than one document, you do not have to give the employee all the documents at the same time. This allows you to put certain particulars in documents such as the employee handbook, which the employee can access and refer to when they want.
You can also download our template for a written statement of employment (PDF, 84K) which you can then print off and complete in your own time.
Developed withActionsAlso on this sitePrimary parentContent category
Source URL
/content/written-statement-employment
Links
The principal statement in the employment contract
The particulars of employment that must be put together in a single document.
You can set out an employee's written statement of employment in one or more documents.
What employers must include in the principal statement
However, either that document or one of those documents - known as the principal statement - must contain all the information listed below as a minimum:
- The legal name of the employer company - it is a good idea also to include the trading name, if different.
- The legal name of the employee.
- The date the current employment began.
- Any earlier date upon which employment with a previous employer began which is treated as 'continuous' with the current employment.
- The employee's pay, or how it is calculated, and the intervals at which it will be paid - eg weekly or monthly.
- The employee's hours of work.
- Entitlement to holidays - including public holidays - and holiday pay. The information must be accurate enough to allow precise calculation of accrued entitlement.
- The job title or a brief description of the work.
- The address of the employee's place of work. If they will be working in more than one place then you should indicate this along with the employer's address.
For information on what else you must include in a written statement of employment, see putting together an employee's written statement of employment.
Template for a written statement of employment
You can also download our template for a written statement of employment (PDF, 239K) which you can then print off and tailor to your organisation.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withAlso on this siteContent category
Source URL
/content/principal-statement-employment-contract
Links
Putting together an employee's written statement of employment
The minimum details that a written statement of employment must contain over and above what is included in the principal statement.
You can set out an employee's written statement of employment in one or more documents.
Either that document or one of those documents must contain - at the very least - certain information and is known as the principal statement.
In addition to the information that you must put in the principal statement, employers must also give the employee information under the following headings.
Sickness, injury and sick pay
Include terms and conditions relating to sickness or injury including any sick pay provisions.
Alternatively, you can refer to another document containing this information - eg the staff/company handbook - which is accessible to the employee.
See absence and sickness policies: what to include.
Period of employment
Include details of where the employment is not intended to be permanent, the period for which it is expected to continue, or if it is a fixed-term contract, the date when it is to end.
Notice periods
Include the length of notice required from both parties.
Rather than stating specific terms, you can refer to the relevant legislation - see how to issue the correct periods of notice.
Collective agreements
Include details of any collective agreements with trade unions that directly affect the terms and conditions of employment including, where the employer is not a party, the persons by whom they were made.
Pensions
Include any terms relating to pensions and pension schemes. All employers must provide eligible workers with a qualifying workplace pension, known as automatic enrolment. Know your legal obligations on pensions.
Dismissal, disciplinary and grievance procedures
Include some details in the written statement itself. These are:
- the name or job title of the person the employee should apply to in order to resolve a grievance, and how they should make this application
- the name or job title of the person the employee should apply to if they're dissatisfied with any disciplinary decision or decision to dismiss them, and how this application should be made
Some other details that must be included can be either set out in the written statement itself or referred to in another document that the employee can access easily, such as a staff/company handbook. These are:
- the disciplinary rules that you have
- the disciplinary procedures that you have
- the steps that follow an application to resolve a grievance and/or if the employee is dissatisfied with a disciplinary or dismissal decision
For more information on dismissal, disciplinary, and grievance issues, see our guides on dismissing employees, disciplinary procedures, hearings and appeals, and handling grievances.
Employment outside the UK
Include details of any terms relating to employment outside the UK for more than a month.
If a new employee will normally work in the UK but you need them to work outside the UK for more than a month at a time, the written statement you give them must include the following details:
- the currency in which they will be paid
- the period they will be working outside the UK
- terms relating to their return to the UK
- any additional pay or benefits provided by reason of being required to work outside the UK
Whether the written statement is made up of one or more than one document, you must give it to the employee within two months of the start of their employment.
For more information on working outside the UK, see international business travel: employer responsibilities.
Where there are no details to be given under any heading, you should say so.
Template for a written statement of employment
You can download our template for a written statement of employment (PDF, 239K) which you can then print off and complete in your own time.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withActionsAlso on this siteContent category
Source URL
/content/putting-together-employees-written-statement-employment
Links
Implied terms of an employment contract
Contracts of employment contain some terms and conditions that apply even if they are not written down.
As well as the oral and/or written terms you actually agree with your employee, an employment contract can also include implied terms.
Implied terms include:
- your duty to provide a secure, safe, and healthy environment for the employee
- the employee's duty of honesty and loyal service
- implied duty of mutual trust and confidence between you and the employee
- a term too obvious to need stating, eg that your employee will not steal from you and that you will pay the employee reasonable wages for the work you have employed them to do
- any terms that are necessary to make the contract workable, eg that someone employed as a driver will have a valid driving licence
Some terms and conditions may become implied because you have consistently done something over a significant period, eg made enhanced redundancy payments to redundant employees. This is known as custom and practice. See what a contract of employment is for further information on terms through custom and practice.
The law also imposes some terms automatically, such as the right to a minimum of 5.6 weeks' paid annual leave, the right to be paid at least the National Minimum Wage or National Living Wage rate (age dependant), and the right not to be unlawfully discriminated against.
Developed withActionsAlso on this siteContent category
Source URL
/content/implied-terms-employment-contract
Links
How to change an existing contract of employment
Getting an employee to agree to a change in their terms and conditions of employment.
If you want to change an employee's terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal.
Changes to the written statement of employment
You must tell the employee in writing about any changes to the written statement no later than one month after you have made the change. A change to the statement will still require the employee's agreement.
If the change results from the employee being required to work outside the UK for more than a month, and they will be leaving within a month of the change, you should tell them in writing before they leave.
In most cases, the notification must contain explicit particulars of the change.
However, you may tell the employee about changes to certain particulars such as those listed below by referring to some other document to which the employee has reasonable access:
- entitlement to sick leave, including any entitlement to sick pay
- pensions and pension schemes
- disciplinary rules and disciplinary or dismissal procedures
- any further steps that follow from making an application under the employer's disciplinary, dismissal, or grievance procedures
Changes to employment contracts via collective agreements
The terms of a collective agreement are sometimes incorporated into employees' employment contracts.
If - following agreement with the employees' representatives - you change some of these terms, you should inform the employees concerned - ideally in writing.
However, if the changes affect the terms of the written statement of employment, you must inform the employees individually in writing - and must do this within one month of the changes coming into effect.
What information is an employee entitled to receive when there is a change of employer?
When there is a change of employer, a new and full written statement of employment of employment particulars must normally be given to employees within two months.
However, there are some exceptions. You don't need to give a new statement if the name of the business changes without any change in the employer's identity, or if the identity changes in circumstances where the employee can continue their employment, as long as there is no other change in terms and conditions.
However, you must give individual written notification of the change at the earliest opportunity, and at least within one month of when it occurs.
If the change of employer is a result of a business transfer, the terms and conditions of the transferring employees may not usually be changed by the new employer. For more information on employees' rights during and after business transfers, see responsibilities to employees if you buy or sell a business.
Developed withActionsAlso on this siteContent category
Source URL
/content/how-change-existing-contract-employment
Links
Employee enforcement of the right to a written statement of employment
How an employee can enforce their rights in relation to receiving a written statement of employment.
An employee may refer the matter to an Industrial Tribunal where they have:
- not received a written statement of employment particulars
- received a written statement of employment that does not comply with the legal requirements
- not received notification of a change to those particulars
- received notification of a change that does not comply with the legal requirements
A claim for failure to provide a written statement of employment can only be brought when the deadline for providing it, two months after the start of employment or one month after a change in terms, has expired.
If you have given the employee a written statement - or notification of a change to it - but you disagree over the accuracy of the particulars recorded, then either you or the employee may refer the matter to a tribunal.
In either case, the tribunal will determine what particulars the employee should have been given. These particulars will have the effect as if you had included them in the written statement of employment, or notification of a change to it, in the first place.
Compensation for failure to issue a written statement of employment
If your employee succeeds in another (unrelated) employment claim, eg unfair dismissal, the tribunal can also award them compensation for your failure to give them a written statement of employment or an accurate or complete statement of change to it - as long as there are no exceptional circumstances that would make this unjust.
The amount of compensation will be two or four weeks' pay (at the tribunal's discretion). A week's pay for this purpose is subject to a statutory limit.
Note that the Labour Relations Agency's (LRA) statutory arbitration scheme cannot accept a claim of failure to provide or update a written statement on its own, as a sole claim, though it may be considered by an LRA arbitrator if it is part of another claim (eg unfair dismissal) or claims under the scheme. The LRA arbitration scheme explained.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/employee-enforcement-right-written-statement-employment
Links
Breach of employment contract claims
Claims and counter-claims arising out of a failure to observe employment contractual terms and conditions.
If an employee suffers a loss through your failure to observe the terms of their contract of employment, they may make a claim for breach of contract.
Breach of employment contract claims in Industrial tribunals
An industrial tribunal can only hear a breach of contract claim if the claim either:
- arises on termination of the employee's employment
- is outstanding on the termination of the employee's employment
The claim must also not relate to:
- personal injury
- a term imposing an obligation of confidence
- a term which is a covenant in restraint of trade
- a term relating to intellectual property, eg copyright, rights in performances, moral rights, design rights, registered designs, patents, and trademarks
- a term either requiring you to provide the employee with living accommodation or imposing a duty relating to the provision of living accommodation
These rules apply to both employee claims and employer counter-claims.
Awards for breach of employment contract claims
The tribunal may award an employee damages for their loss, eg a payment of arrears of wages, holiday pay, or pay in lieu of notice.
Any award for damages is limited to £25,000.
If the employee wishes to claim more, they cannot first seek £25,000 from an Industrial Tribunal and then go on to seek the balance from a civil court.
Making a counter-claim
You may make a counter-claim to the tribunal if you suffer a loss through the employee's failure to observe the terms of their contract of employment.
However, you can only do this if the employee has already presented a tribunal claim and has not since withdrawn or settled it. If the dismissed employee withdraws their breach of contract claim after you have made a claim, your claim can still be considered by the Industrial Tribunal/arbitrator.
Time limits for making a tribunal claim
An employee has three months after the date of their termination of employment to make a breach of contract claim to an Industrial Tribunal. This is irrespective of whether or not an internal appeals procedure is being used.
You may make a counter-claim at any time up to six weeks after you receive a copy of the employee's original application (the ET1 (NI) form).
The tribunal can extend the three-month limit where it considers it reasonable and where it is satisfied that it was not reasonably practicable for the complaint to be made within the specified time.
However, the six-week period for counter-claims cannot be extended.
The Labour Relations Agency Arbitration Scheme
Certain claims to industrial tribunals in Northern Ireland can also, as an alternative, be resolved through arbitration using the Labour Relations Agency (LRA) Arbitration Scheme.
See employment-related tribunal claims: LRA Arbitration Scheme.
Contractual claims outside the tribunal system
Certain types of contractual claims can only be resolved by bringing a claim to the civil courts. These are:
- claims for damages in respect of personal injuries
- claims arising during the course of the employee's employment
- where you want to present a contractual claim against an employee but the employee themself has not presented a claim to a tribunal
Civil courts can hear claims up to six years after the breach of contract occurred and there is no cap on the amount of damages they can award.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/breach-employment-contract-claims
Links
The principal statement in the employment contract
In this guide:
- The employment contract
- What a contract of employment is
- The written statement of employment
- The principal statement in the employment contract
- Putting together an employee's written statement of employment
- Implied terms of an employment contract
- How to change an existing contract of employment
- Employee enforcement of the right to a written statement of employment
- Breach of employment contract claims
What a contract of employment is
The various documents and agreements that can form part of a contract of employment.
The terms of a contract of employment may be oral, written, implied, or a mixture of all three.
Where to find terms of a contract of employment
The terms of a contract of employment can be found in a variety of places, such as:
- the original job advertisement
- written correspondence, eg letters, and emails, between you and the employee
- the principal statement
- the written statement of employment
- other written agreements
- oral agreements
- your company policies
- an employee/company handbook
- legislation and case law
Terms through custom and practice
Certain terms of employment may become established or implied in the contract of employment by custom and practice. They may, for example, be regularly adopted within a trade or industry in which the employee works. In the absence of any express or written terms of employment, this is often the only way that an employee can establish their entitlement to important contractual rights. For a term to be implied by custom and practice it must be:
- reasonable - fair and not arbitrary or capricious
- certain - clear to all and not capable of being interpreted in different ways by different people
- notorious - well known to all to whom it relates and should have been in existence for a considerably longer period of time
Terms that could be viewed as implied by custom and practice could include the provision of transport to work, rest breaks, finishing times, commissions, entitlements to overtime payments etc, where these terms are not clearly expressed elsewhere. An oral contract is as binding as a written one, though its terms may be more difficult to prove.
If you want to include provisions specific to the individual, you can state these either orally or in writing. However, stating them in writing may prevent disagreements in the future.
If you issue a written contract, it should reflect those terms and conditions that are currently in place on the date of issue, unless you have agreed on changes. If you have agreed to changes, you should include a term in the written contract stating that it replaces all previous discussions/correspondence in relation to terms of employment.
If you do not have any kind of written contract of employment with an employee, you must - at the very least - issue them with a written statement of employment.
If you have some kind of written contract of employment with an employee, you do not need to issue a written statement as well - provided that the contract contains all the items required in a written statement.
Read more on putting together an employee's written statement of employment.
Developed withActionsAlso on this siteContent category
Source URL
/content/what-contract-employment
Links
The written statement of employment
Who is entitled to a written statement of employment, when you should issue it, and how it should be presented.
The written statement of employment is not a contract in itself but is that part of the employment contract that must be provided in writing. In the case of a dispute you can use the written statement of employment as evidence of an employee's terms and conditions.
Who is entitled to receive a written statement of employment?
All employees - ie individuals working under a contract of service - are entitled to receive a written statement of employment if their employment is going to last for one month or more.
Individuals who are not employees - eg independent contractors, freelancers, casual workers, and some agency workers - are not entitled to a written statement of employment.
When to issue a new employee's written statement of employment
You must give all the required particulars within two months of the date when the employee's employment begins.
If during the first two months, an employee leaves the UK to work abroad for more than one month, you must give them a written statement of employment before they leave.
Presenting a written statement of employment
The written statement of employment can consist of one or more documents and must set out certain employment particulars. You have to put some of these particulars in a single document, known as the principal statement.
You can set out the remaining particulars in either this document or other documents - see putting together an employee's written statement of employment.
If the written statement is made up of more than one document, you do not have to give the employee all the documents at the same time. This allows you to put certain particulars in documents such as the employee handbook, which the employee can access and refer to when they want.
You can also download our template for a written statement of employment (PDF, 84K) which you can then print off and complete in your own time.
Developed withActionsAlso on this sitePrimary parentContent category
Source URL
/content/written-statement-employment
Links
The principal statement in the employment contract
The particulars of employment that must be put together in a single document.
You can set out an employee's written statement of employment in one or more documents.
What employers must include in the principal statement
However, either that document or one of those documents - known as the principal statement - must contain all the information listed below as a minimum:
- The legal name of the employer company - it is a good idea also to include the trading name, if different.
- The legal name of the employee.
- The date the current employment began.
- Any earlier date upon which employment with a previous employer began which is treated as 'continuous' with the current employment.
- The employee's pay, or how it is calculated, and the intervals at which it will be paid - eg weekly or monthly.
- The employee's hours of work.
- Entitlement to holidays - including public holidays - and holiday pay. The information must be accurate enough to allow precise calculation of accrued entitlement.
- The job title or a brief description of the work.
- The address of the employee's place of work. If they will be working in more than one place then you should indicate this along with the employer's address.
For information on what else you must include in a written statement of employment, see putting together an employee's written statement of employment.
Template for a written statement of employment
You can also download our template for a written statement of employment (PDF, 239K) which you can then print off and tailor to your organisation.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withAlso on this siteContent category
Source URL
/content/principal-statement-employment-contract
Links
Putting together an employee's written statement of employment
The minimum details that a written statement of employment must contain over and above what is included in the principal statement.
You can set out an employee's written statement of employment in one or more documents.
Either that document or one of those documents must contain - at the very least - certain information and is known as the principal statement.
In addition to the information that you must put in the principal statement, employers must also give the employee information under the following headings.
Sickness, injury and sick pay
Include terms and conditions relating to sickness or injury including any sick pay provisions.
Alternatively, you can refer to another document containing this information - eg the staff/company handbook - which is accessible to the employee.
See absence and sickness policies: what to include.
Period of employment
Include details of where the employment is not intended to be permanent, the period for which it is expected to continue, or if it is a fixed-term contract, the date when it is to end.
Notice periods
Include the length of notice required from both parties.
Rather than stating specific terms, you can refer to the relevant legislation - see how to issue the correct periods of notice.
Collective agreements
Include details of any collective agreements with trade unions that directly affect the terms and conditions of employment including, where the employer is not a party, the persons by whom they were made.
Pensions
Include any terms relating to pensions and pension schemes. All employers must provide eligible workers with a qualifying workplace pension, known as automatic enrolment. Know your legal obligations on pensions.
Dismissal, disciplinary and grievance procedures
Include some details in the written statement itself. These are:
- the name or job title of the person the employee should apply to in order to resolve a grievance, and how they should make this application
- the name or job title of the person the employee should apply to if they're dissatisfied with any disciplinary decision or decision to dismiss them, and how this application should be made
Some other details that must be included can be either set out in the written statement itself or referred to in another document that the employee can access easily, such as a staff/company handbook. These are:
- the disciplinary rules that you have
- the disciplinary procedures that you have
- the steps that follow an application to resolve a grievance and/or if the employee is dissatisfied with a disciplinary or dismissal decision
For more information on dismissal, disciplinary, and grievance issues, see our guides on dismissing employees, disciplinary procedures, hearings and appeals, and handling grievances.
Employment outside the UK
Include details of any terms relating to employment outside the UK for more than a month.
If a new employee will normally work in the UK but you need them to work outside the UK for more than a month at a time, the written statement you give them must include the following details:
- the currency in which they will be paid
- the period they will be working outside the UK
- terms relating to their return to the UK
- any additional pay or benefits provided by reason of being required to work outside the UK
Whether the written statement is made up of one or more than one document, you must give it to the employee within two months of the start of their employment.
For more information on working outside the UK, see international business travel: employer responsibilities.
Where there are no details to be given under any heading, you should say so.
Template for a written statement of employment
You can download our template for a written statement of employment (PDF, 239K) which you can then print off and complete in your own time.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withActionsAlso on this siteContent category
Source URL
/content/putting-together-employees-written-statement-employment
Links
Implied terms of an employment contract
Contracts of employment contain some terms and conditions that apply even if they are not written down.
As well as the oral and/or written terms you actually agree with your employee, an employment contract can also include implied terms.
Implied terms include:
- your duty to provide a secure, safe, and healthy environment for the employee
- the employee's duty of honesty and loyal service
- implied duty of mutual trust and confidence between you and the employee
- a term too obvious to need stating, eg that your employee will not steal from you and that you will pay the employee reasonable wages for the work you have employed them to do
- any terms that are necessary to make the contract workable, eg that someone employed as a driver will have a valid driving licence
Some terms and conditions may become implied because you have consistently done something over a significant period, eg made enhanced redundancy payments to redundant employees. This is known as custom and practice. See what a contract of employment is for further information on terms through custom and practice.
The law also imposes some terms automatically, such as the right to a minimum of 5.6 weeks' paid annual leave, the right to be paid at least the National Minimum Wage or National Living Wage rate (age dependant), and the right not to be unlawfully discriminated against.
Developed withActionsAlso on this siteContent category
Source URL
/content/implied-terms-employment-contract
Links
How to change an existing contract of employment
Getting an employee to agree to a change in their terms and conditions of employment.
If you want to change an employee's terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal.
Changes to the written statement of employment
You must tell the employee in writing about any changes to the written statement no later than one month after you have made the change. A change to the statement will still require the employee's agreement.
If the change results from the employee being required to work outside the UK for more than a month, and they will be leaving within a month of the change, you should tell them in writing before they leave.
In most cases, the notification must contain explicit particulars of the change.
However, you may tell the employee about changes to certain particulars such as those listed below by referring to some other document to which the employee has reasonable access:
- entitlement to sick leave, including any entitlement to sick pay
- pensions and pension schemes
- disciplinary rules and disciplinary or dismissal procedures
- any further steps that follow from making an application under the employer's disciplinary, dismissal, or grievance procedures
Changes to employment contracts via collective agreements
The terms of a collective agreement are sometimes incorporated into employees' employment contracts.
If - following agreement with the employees' representatives - you change some of these terms, you should inform the employees concerned - ideally in writing.
However, if the changes affect the terms of the written statement of employment, you must inform the employees individually in writing - and must do this within one month of the changes coming into effect.
What information is an employee entitled to receive when there is a change of employer?
When there is a change of employer, a new and full written statement of employment of employment particulars must normally be given to employees within two months.
However, there are some exceptions. You don't need to give a new statement if the name of the business changes without any change in the employer's identity, or if the identity changes in circumstances where the employee can continue their employment, as long as there is no other change in terms and conditions.
However, you must give individual written notification of the change at the earliest opportunity, and at least within one month of when it occurs.
If the change of employer is a result of a business transfer, the terms and conditions of the transferring employees may not usually be changed by the new employer. For more information on employees' rights during and after business transfers, see responsibilities to employees if you buy or sell a business.
Developed withActionsAlso on this siteContent category
Source URL
/content/how-change-existing-contract-employment
Links
Employee enforcement of the right to a written statement of employment
How an employee can enforce their rights in relation to receiving a written statement of employment.
An employee may refer the matter to an Industrial Tribunal where they have:
- not received a written statement of employment particulars
- received a written statement of employment that does not comply with the legal requirements
- not received notification of a change to those particulars
- received notification of a change that does not comply with the legal requirements
A claim for failure to provide a written statement of employment can only be brought when the deadline for providing it, two months after the start of employment or one month after a change in terms, has expired.
If you have given the employee a written statement - or notification of a change to it - but you disagree over the accuracy of the particulars recorded, then either you or the employee may refer the matter to a tribunal.
In either case, the tribunal will determine what particulars the employee should have been given. These particulars will have the effect as if you had included them in the written statement of employment, or notification of a change to it, in the first place.
Compensation for failure to issue a written statement of employment
If your employee succeeds in another (unrelated) employment claim, eg unfair dismissal, the tribunal can also award them compensation for your failure to give them a written statement of employment or an accurate or complete statement of change to it - as long as there are no exceptional circumstances that would make this unjust.
The amount of compensation will be two or four weeks' pay (at the tribunal's discretion). A week's pay for this purpose is subject to a statutory limit.
Note that the Labour Relations Agency's (LRA) statutory arbitration scheme cannot accept a claim of failure to provide or update a written statement on its own, as a sole claim, though it may be considered by an LRA arbitrator if it is part of another claim (eg unfair dismissal) or claims under the scheme. The LRA arbitration scheme explained.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/employee-enforcement-right-written-statement-employment
Links
Breach of employment contract claims
Claims and counter-claims arising out of a failure to observe employment contractual terms and conditions.
If an employee suffers a loss through your failure to observe the terms of their contract of employment, they may make a claim for breach of contract.
Breach of employment contract claims in Industrial tribunals
An industrial tribunal can only hear a breach of contract claim if the claim either:
- arises on termination of the employee's employment
- is outstanding on the termination of the employee's employment
The claim must also not relate to:
- personal injury
- a term imposing an obligation of confidence
- a term which is a covenant in restraint of trade
- a term relating to intellectual property, eg copyright, rights in performances, moral rights, design rights, registered designs, patents, and trademarks
- a term either requiring you to provide the employee with living accommodation or imposing a duty relating to the provision of living accommodation
These rules apply to both employee claims and employer counter-claims.
Awards for breach of employment contract claims
The tribunal may award an employee damages for their loss, eg a payment of arrears of wages, holiday pay, or pay in lieu of notice.
Any award for damages is limited to £25,000.
If the employee wishes to claim more, they cannot first seek £25,000 from an Industrial Tribunal and then go on to seek the balance from a civil court.
Making a counter-claim
You may make a counter-claim to the tribunal if you suffer a loss through the employee's failure to observe the terms of their contract of employment.
However, you can only do this if the employee has already presented a tribunal claim and has not since withdrawn or settled it. If the dismissed employee withdraws their breach of contract claim after you have made a claim, your claim can still be considered by the Industrial Tribunal/arbitrator.
Time limits for making a tribunal claim
An employee has three months after the date of their termination of employment to make a breach of contract claim to an Industrial Tribunal. This is irrespective of whether or not an internal appeals procedure is being used.
You may make a counter-claim at any time up to six weeks after you receive a copy of the employee's original application (the ET1 (NI) form).
The tribunal can extend the three-month limit where it considers it reasonable and where it is satisfied that it was not reasonably practicable for the complaint to be made within the specified time.
However, the six-week period for counter-claims cannot be extended.
The Labour Relations Agency Arbitration Scheme
Certain claims to industrial tribunals in Northern Ireland can also, as an alternative, be resolved through arbitration using the Labour Relations Agency (LRA) Arbitration Scheme.
See employment-related tribunal claims: LRA Arbitration Scheme.
Contractual claims outside the tribunal system
Certain types of contractual claims can only be resolved by bringing a claim to the civil courts. These are:
- claims for damages in respect of personal injuries
- claims arising during the course of the employee's employment
- where you want to present a contractual claim against an employee but the employee themself has not presented a claim to a tribunal
Civil courts can hear claims up to six years after the breach of contract occurred and there is no cap on the amount of damages they can award.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/breach-employment-contract-claims
Links
The written statement of employment
In this guide:
- The employment contract
- What a contract of employment is
- The written statement of employment
- The principal statement in the employment contract
- Putting together an employee's written statement of employment
- Implied terms of an employment contract
- How to change an existing contract of employment
- Employee enforcement of the right to a written statement of employment
- Breach of employment contract claims
What a contract of employment is
The various documents and agreements that can form part of a contract of employment.
The terms of a contract of employment may be oral, written, implied, or a mixture of all three.
Where to find terms of a contract of employment
The terms of a contract of employment can be found in a variety of places, such as:
- the original job advertisement
- written correspondence, eg letters, and emails, between you and the employee
- the principal statement
- the written statement of employment
- other written agreements
- oral agreements
- your company policies
- an employee/company handbook
- legislation and case law
Terms through custom and practice
Certain terms of employment may become established or implied in the contract of employment by custom and practice. They may, for example, be regularly adopted within a trade or industry in which the employee works. In the absence of any express or written terms of employment, this is often the only way that an employee can establish their entitlement to important contractual rights. For a term to be implied by custom and practice it must be:
- reasonable - fair and not arbitrary or capricious
- certain - clear to all and not capable of being interpreted in different ways by different people
- notorious - well known to all to whom it relates and should have been in existence for a considerably longer period of time
Terms that could be viewed as implied by custom and practice could include the provision of transport to work, rest breaks, finishing times, commissions, entitlements to overtime payments etc, where these terms are not clearly expressed elsewhere. An oral contract is as binding as a written one, though its terms may be more difficult to prove.
If you want to include provisions specific to the individual, you can state these either orally or in writing. However, stating them in writing may prevent disagreements in the future.
If you issue a written contract, it should reflect those terms and conditions that are currently in place on the date of issue, unless you have agreed on changes. If you have agreed to changes, you should include a term in the written contract stating that it replaces all previous discussions/correspondence in relation to terms of employment.
If you do not have any kind of written contract of employment with an employee, you must - at the very least - issue them with a written statement of employment.
If you have some kind of written contract of employment with an employee, you do not need to issue a written statement as well - provided that the contract contains all the items required in a written statement.
Read more on putting together an employee's written statement of employment.
Developed withActionsAlso on this siteContent category
Source URL
/content/what-contract-employment
Links
The written statement of employment
Who is entitled to a written statement of employment, when you should issue it, and how it should be presented.
The written statement of employment is not a contract in itself but is that part of the employment contract that must be provided in writing. In the case of a dispute you can use the written statement of employment as evidence of an employee's terms and conditions.
Who is entitled to receive a written statement of employment?
All employees - ie individuals working under a contract of service - are entitled to receive a written statement of employment if their employment is going to last for one month or more.
Individuals who are not employees - eg independent contractors, freelancers, casual workers, and some agency workers - are not entitled to a written statement of employment.
When to issue a new employee's written statement of employment
You must give all the required particulars within two months of the date when the employee's employment begins.
If during the first two months, an employee leaves the UK to work abroad for more than one month, you must give them a written statement of employment before they leave.
Presenting a written statement of employment
The written statement of employment can consist of one or more documents and must set out certain employment particulars. You have to put some of these particulars in a single document, known as the principal statement.
You can set out the remaining particulars in either this document or other documents - see putting together an employee's written statement of employment.
If the written statement is made up of more than one document, you do not have to give the employee all the documents at the same time. This allows you to put certain particulars in documents such as the employee handbook, which the employee can access and refer to when they want.
You can also download our template for a written statement of employment (PDF, 84K) which you can then print off and complete in your own time.
Developed withActionsAlso on this sitePrimary parentContent category
Source URL
/content/written-statement-employment
Links
The principal statement in the employment contract
The particulars of employment that must be put together in a single document.
You can set out an employee's written statement of employment in one or more documents.
What employers must include in the principal statement
However, either that document or one of those documents - known as the principal statement - must contain all the information listed below as a minimum:
- The legal name of the employer company - it is a good idea also to include the trading name, if different.
- The legal name of the employee.
- The date the current employment began.
- Any earlier date upon which employment with a previous employer began which is treated as 'continuous' with the current employment.
- The employee's pay, or how it is calculated, and the intervals at which it will be paid - eg weekly or monthly.
- The employee's hours of work.
- Entitlement to holidays - including public holidays - and holiday pay. The information must be accurate enough to allow precise calculation of accrued entitlement.
- The job title or a brief description of the work.
- The address of the employee's place of work. If they will be working in more than one place then you should indicate this along with the employer's address.
For information on what else you must include in a written statement of employment, see putting together an employee's written statement of employment.
Template for a written statement of employment
You can also download our template for a written statement of employment (PDF, 239K) which you can then print off and tailor to your organisation.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withAlso on this siteContent category
Source URL
/content/principal-statement-employment-contract
Links
Putting together an employee's written statement of employment
The minimum details that a written statement of employment must contain over and above what is included in the principal statement.
You can set out an employee's written statement of employment in one or more documents.
Either that document or one of those documents must contain - at the very least - certain information and is known as the principal statement.
In addition to the information that you must put in the principal statement, employers must also give the employee information under the following headings.
Sickness, injury and sick pay
Include terms and conditions relating to sickness or injury including any sick pay provisions.
Alternatively, you can refer to another document containing this information - eg the staff/company handbook - which is accessible to the employee.
See absence and sickness policies: what to include.
Period of employment
Include details of where the employment is not intended to be permanent, the period for which it is expected to continue, or if it is a fixed-term contract, the date when it is to end.
Notice periods
Include the length of notice required from both parties.
Rather than stating specific terms, you can refer to the relevant legislation - see how to issue the correct periods of notice.
Collective agreements
Include details of any collective agreements with trade unions that directly affect the terms and conditions of employment including, where the employer is not a party, the persons by whom they were made.
Pensions
Include any terms relating to pensions and pension schemes. All employers must provide eligible workers with a qualifying workplace pension, known as automatic enrolment. Know your legal obligations on pensions.
Dismissal, disciplinary and grievance procedures
Include some details in the written statement itself. These are:
- the name or job title of the person the employee should apply to in order to resolve a grievance, and how they should make this application
- the name or job title of the person the employee should apply to if they're dissatisfied with any disciplinary decision or decision to dismiss them, and how this application should be made
Some other details that must be included can be either set out in the written statement itself or referred to in another document that the employee can access easily, such as a staff/company handbook. These are:
- the disciplinary rules that you have
- the disciplinary procedures that you have
- the steps that follow an application to resolve a grievance and/or if the employee is dissatisfied with a disciplinary or dismissal decision
For more information on dismissal, disciplinary, and grievance issues, see our guides on dismissing employees, disciplinary procedures, hearings and appeals, and handling grievances.
Employment outside the UK
Include details of any terms relating to employment outside the UK for more than a month.
If a new employee will normally work in the UK but you need them to work outside the UK for more than a month at a time, the written statement you give them must include the following details:
- the currency in which they will be paid
- the period they will be working outside the UK
- terms relating to their return to the UK
- any additional pay or benefits provided by reason of being required to work outside the UK
Whether the written statement is made up of one or more than one document, you must give it to the employee within two months of the start of their employment.
For more information on working outside the UK, see international business travel: employer responsibilities.
Where there are no details to be given under any heading, you should say so.
Template for a written statement of employment
You can download our template for a written statement of employment (PDF, 239K) which you can then print off and complete in your own time.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withActionsAlso on this siteContent category
Source URL
/content/putting-together-employees-written-statement-employment
Links
Implied terms of an employment contract
Contracts of employment contain some terms and conditions that apply even if they are not written down.
As well as the oral and/or written terms you actually agree with your employee, an employment contract can also include implied terms.
Implied terms include:
- your duty to provide a secure, safe, and healthy environment for the employee
- the employee's duty of honesty and loyal service
- implied duty of mutual trust and confidence between you and the employee
- a term too obvious to need stating, eg that your employee will not steal from you and that you will pay the employee reasonable wages for the work you have employed them to do
- any terms that are necessary to make the contract workable, eg that someone employed as a driver will have a valid driving licence
Some terms and conditions may become implied because you have consistently done something over a significant period, eg made enhanced redundancy payments to redundant employees. This is known as custom and practice. See what a contract of employment is for further information on terms through custom and practice.
The law also imposes some terms automatically, such as the right to a minimum of 5.6 weeks' paid annual leave, the right to be paid at least the National Minimum Wage or National Living Wage rate (age dependant), and the right not to be unlawfully discriminated against.
Developed withActionsAlso on this siteContent category
Source URL
/content/implied-terms-employment-contract
Links
How to change an existing contract of employment
Getting an employee to agree to a change in their terms and conditions of employment.
If you want to change an employee's terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal.
Changes to the written statement of employment
You must tell the employee in writing about any changes to the written statement no later than one month after you have made the change. A change to the statement will still require the employee's agreement.
If the change results from the employee being required to work outside the UK for more than a month, and they will be leaving within a month of the change, you should tell them in writing before they leave.
In most cases, the notification must contain explicit particulars of the change.
However, you may tell the employee about changes to certain particulars such as those listed below by referring to some other document to which the employee has reasonable access:
- entitlement to sick leave, including any entitlement to sick pay
- pensions and pension schemes
- disciplinary rules and disciplinary or dismissal procedures
- any further steps that follow from making an application under the employer's disciplinary, dismissal, or grievance procedures
Changes to employment contracts via collective agreements
The terms of a collective agreement are sometimes incorporated into employees' employment contracts.
If - following agreement with the employees' representatives - you change some of these terms, you should inform the employees concerned - ideally in writing.
However, if the changes affect the terms of the written statement of employment, you must inform the employees individually in writing - and must do this within one month of the changes coming into effect.
What information is an employee entitled to receive when there is a change of employer?
When there is a change of employer, a new and full written statement of employment of employment particulars must normally be given to employees within two months.
However, there are some exceptions. You don't need to give a new statement if the name of the business changes without any change in the employer's identity, or if the identity changes in circumstances where the employee can continue their employment, as long as there is no other change in terms and conditions.
However, you must give individual written notification of the change at the earliest opportunity, and at least within one month of when it occurs.
If the change of employer is a result of a business transfer, the terms and conditions of the transferring employees may not usually be changed by the new employer. For more information on employees' rights during and after business transfers, see responsibilities to employees if you buy or sell a business.
Developed withActionsAlso on this siteContent category
Source URL
/content/how-change-existing-contract-employment
Links
Employee enforcement of the right to a written statement of employment
How an employee can enforce their rights in relation to receiving a written statement of employment.
An employee may refer the matter to an Industrial Tribunal where they have:
- not received a written statement of employment particulars
- received a written statement of employment that does not comply with the legal requirements
- not received notification of a change to those particulars
- received notification of a change that does not comply with the legal requirements
A claim for failure to provide a written statement of employment can only be brought when the deadline for providing it, two months after the start of employment or one month after a change in terms, has expired.
If you have given the employee a written statement - or notification of a change to it - but you disagree over the accuracy of the particulars recorded, then either you or the employee may refer the matter to a tribunal.
In either case, the tribunal will determine what particulars the employee should have been given. These particulars will have the effect as if you had included them in the written statement of employment, or notification of a change to it, in the first place.
Compensation for failure to issue a written statement of employment
If your employee succeeds in another (unrelated) employment claim, eg unfair dismissal, the tribunal can also award them compensation for your failure to give them a written statement of employment or an accurate or complete statement of change to it - as long as there are no exceptional circumstances that would make this unjust.
The amount of compensation will be two or four weeks' pay (at the tribunal's discretion). A week's pay for this purpose is subject to a statutory limit.
Note that the Labour Relations Agency's (LRA) statutory arbitration scheme cannot accept a claim of failure to provide or update a written statement on its own, as a sole claim, though it may be considered by an LRA arbitrator if it is part of another claim (eg unfair dismissal) or claims under the scheme. The LRA arbitration scheme explained.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/employee-enforcement-right-written-statement-employment
Links
Breach of employment contract claims
Claims and counter-claims arising out of a failure to observe employment contractual terms and conditions.
If an employee suffers a loss through your failure to observe the terms of their contract of employment, they may make a claim for breach of contract.
Breach of employment contract claims in Industrial tribunals
An industrial tribunal can only hear a breach of contract claim if the claim either:
- arises on termination of the employee's employment
- is outstanding on the termination of the employee's employment
The claim must also not relate to:
- personal injury
- a term imposing an obligation of confidence
- a term which is a covenant in restraint of trade
- a term relating to intellectual property, eg copyright, rights in performances, moral rights, design rights, registered designs, patents, and trademarks
- a term either requiring you to provide the employee with living accommodation or imposing a duty relating to the provision of living accommodation
These rules apply to both employee claims and employer counter-claims.
Awards for breach of employment contract claims
The tribunal may award an employee damages for their loss, eg a payment of arrears of wages, holiday pay, or pay in lieu of notice.
Any award for damages is limited to £25,000.
If the employee wishes to claim more, they cannot first seek £25,000 from an Industrial Tribunal and then go on to seek the balance from a civil court.
Making a counter-claim
You may make a counter-claim to the tribunal if you suffer a loss through the employee's failure to observe the terms of their contract of employment.
However, you can only do this if the employee has already presented a tribunal claim and has not since withdrawn or settled it. If the dismissed employee withdraws their breach of contract claim after you have made a claim, your claim can still be considered by the Industrial Tribunal/arbitrator.
Time limits for making a tribunal claim
An employee has three months after the date of their termination of employment to make a breach of contract claim to an Industrial Tribunal. This is irrespective of whether or not an internal appeals procedure is being used.
You may make a counter-claim at any time up to six weeks after you receive a copy of the employee's original application (the ET1 (NI) form).
The tribunal can extend the three-month limit where it considers it reasonable and where it is satisfied that it was not reasonably practicable for the complaint to be made within the specified time.
However, the six-week period for counter-claims cannot be extended.
The Labour Relations Agency Arbitration Scheme
Certain claims to industrial tribunals in Northern Ireland can also, as an alternative, be resolved through arbitration using the Labour Relations Agency (LRA) Arbitration Scheme.
See employment-related tribunal claims: LRA Arbitration Scheme.
Contractual claims outside the tribunal system
Certain types of contractual claims can only be resolved by bringing a claim to the civil courts. These are:
- claims for damages in respect of personal injuries
- claims arising during the course of the employee's employment
- where you want to present a contractual claim against an employee but the employee themself has not presented a claim to a tribunal
Civil courts can hear claims up to six years after the breach of contract occurred and there is no cap on the amount of damages they can award.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/breach-employment-contract-claims
Links
What a contract of employment is
In this guide:
- The employment contract
- What a contract of employment is
- The written statement of employment
- The principal statement in the employment contract
- Putting together an employee's written statement of employment
- Implied terms of an employment contract
- How to change an existing contract of employment
- Employee enforcement of the right to a written statement of employment
- Breach of employment contract claims
What a contract of employment is
The various documents and agreements that can form part of a contract of employment.
The terms of a contract of employment may be oral, written, implied, or a mixture of all three.
Where to find terms of a contract of employment
The terms of a contract of employment can be found in a variety of places, such as:
- the original job advertisement
- written correspondence, eg letters, and emails, between you and the employee
- the principal statement
- the written statement of employment
- other written agreements
- oral agreements
- your company policies
- an employee/company handbook
- legislation and case law
Terms through custom and practice
Certain terms of employment may become established or implied in the contract of employment by custom and practice. They may, for example, be regularly adopted within a trade or industry in which the employee works. In the absence of any express or written terms of employment, this is often the only way that an employee can establish their entitlement to important contractual rights. For a term to be implied by custom and practice it must be:
- reasonable - fair and not arbitrary or capricious
- certain - clear to all and not capable of being interpreted in different ways by different people
- notorious - well known to all to whom it relates and should have been in existence for a considerably longer period of time
Terms that could be viewed as implied by custom and practice could include the provision of transport to work, rest breaks, finishing times, commissions, entitlements to overtime payments etc, where these terms are not clearly expressed elsewhere. An oral contract is as binding as a written one, though its terms may be more difficult to prove.
If you want to include provisions specific to the individual, you can state these either orally or in writing. However, stating them in writing may prevent disagreements in the future.
If you issue a written contract, it should reflect those terms and conditions that are currently in place on the date of issue, unless you have agreed on changes. If you have agreed to changes, you should include a term in the written contract stating that it replaces all previous discussions/correspondence in relation to terms of employment.
If you do not have any kind of written contract of employment with an employee, you must - at the very least - issue them with a written statement of employment.
If you have some kind of written contract of employment with an employee, you do not need to issue a written statement as well - provided that the contract contains all the items required in a written statement.
Read more on putting together an employee's written statement of employment.
Developed withActionsAlso on this siteContent category
Source URL
/content/what-contract-employment
Links
The written statement of employment
Who is entitled to a written statement of employment, when you should issue it, and how it should be presented.
The written statement of employment is not a contract in itself but is that part of the employment contract that must be provided in writing. In the case of a dispute you can use the written statement of employment as evidence of an employee's terms and conditions.
Who is entitled to receive a written statement of employment?
All employees - ie individuals working under a contract of service - are entitled to receive a written statement of employment if their employment is going to last for one month or more.
Individuals who are not employees - eg independent contractors, freelancers, casual workers, and some agency workers - are not entitled to a written statement of employment.
When to issue a new employee's written statement of employment
You must give all the required particulars within two months of the date when the employee's employment begins.
If during the first two months, an employee leaves the UK to work abroad for more than one month, you must give them a written statement of employment before they leave.
Presenting a written statement of employment
The written statement of employment can consist of one or more documents and must set out certain employment particulars. You have to put some of these particulars in a single document, known as the principal statement.
You can set out the remaining particulars in either this document or other documents - see putting together an employee's written statement of employment.
If the written statement is made up of more than one document, you do not have to give the employee all the documents at the same time. This allows you to put certain particulars in documents such as the employee handbook, which the employee can access and refer to when they want.
You can also download our template for a written statement of employment (PDF, 84K) which you can then print off and complete in your own time.
Developed withActionsAlso on this sitePrimary parentContent category
Source URL
/content/written-statement-employment
Links
The principal statement in the employment contract
The particulars of employment that must be put together in a single document.
You can set out an employee's written statement of employment in one or more documents.
What employers must include in the principal statement
However, either that document or one of those documents - known as the principal statement - must contain all the information listed below as a minimum:
- The legal name of the employer company - it is a good idea also to include the trading name, if different.
- The legal name of the employee.
- The date the current employment began.
- Any earlier date upon which employment with a previous employer began which is treated as 'continuous' with the current employment.
- The employee's pay, or how it is calculated, and the intervals at which it will be paid - eg weekly or monthly.
- The employee's hours of work.
- Entitlement to holidays - including public holidays - and holiday pay. The information must be accurate enough to allow precise calculation of accrued entitlement.
- The job title or a brief description of the work.
- The address of the employee's place of work. If they will be working in more than one place then you should indicate this along with the employer's address.
For information on what else you must include in a written statement of employment, see putting together an employee's written statement of employment.
Template for a written statement of employment
You can also download our template for a written statement of employment (PDF, 239K) which you can then print off and tailor to your organisation.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withAlso on this siteContent category
Source URL
/content/principal-statement-employment-contract
Links
Putting together an employee's written statement of employment
The minimum details that a written statement of employment must contain over and above what is included in the principal statement.
You can set out an employee's written statement of employment in one or more documents.
Either that document or one of those documents must contain - at the very least - certain information and is known as the principal statement.
In addition to the information that you must put in the principal statement, employers must also give the employee information under the following headings.
Sickness, injury and sick pay
Include terms and conditions relating to sickness or injury including any sick pay provisions.
Alternatively, you can refer to another document containing this information - eg the staff/company handbook - which is accessible to the employee.
See absence and sickness policies: what to include.
Period of employment
Include details of where the employment is not intended to be permanent, the period for which it is expected to continue, or if it is a fixed-term contract, the date when it is to end.
Notice periods
Include the length of notice required from both parties.
Rather than stating specific terms, you can refer to the relevant legislation - see how to issue the correct periods of notice.
Collective agreements
Include details of any collective agreements with trade unions that directly affect the terms and conditions of employment including, where the employer is not a party, the persons by whom they were made.
Pensions
Include any terms relating to pensions and pension schemes. All employers must provide eligible workers with a qualifying workplace pension, known as automatic enrolment. Know your legal obligations on pensions.
Dismissal, disciplinary and grievance procedures
Include some details in the written statement itself. These are:
- the name or job title of the person the employee should apply to in order to resolve a grievance, and how they should make this application
- the name or job title of the person the employee should apply to if they're dissatisfied with any disciplinary decision or decision to dismiss them, and how this application should be made
Some other details that must be included can be either set out in the written statement itself or referred to in another document that the employee can access easily, such as a staff/company handbook. These are:
- the disciplinary rules that you have
- the disciplinary procedures that you have
- the steps that follow an application to resolve a grievance and/or if the employee is dissatisfied with a disciplinary or dismissal decision
For more information on dismissal, disciplinary, and grievance issues, see our guides on dismissing employees, disciplinary procedures, hearings and appeals, and handling grievances.
Employment outside the UK
Include details of any terms relating to employment outside the UK for more than a month.
If a new employee will normally work in the UK but you need them to work outside the UK for more than a month at a time, the written statement you give them must include the following details:
- the currency in which they will be paid
- the period they will be working outside the UK
- terms relating to their return to the UK
- any additional pay or benefits provided by reason of being required to work outside the UK
Whether the written statement is made up of one or more than one document, you must give it to the employee within two months of the start of their employment.
For more information on working outside the UK, see international business travel: employer responsibilities.
Where there are no details to be given under any heading, you should say so.
Template for a written statement of employment
You can download our template for a written statement of employment (PDF, 239K) which you can then print off and complete in your own time.
The Labour Relations Agency (LRA) has a free Employment Document Toolkit. Once employers are registered they can unlock the LRA's free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the free Employment Document Toolkit.
Developed withActionsAlso on this siteContent category
Source URL
/content/putting-together-employees-written-statement-employment
Links
Implied terms of an employment contract
Contracts of employment contain some terms and conditions that apply even if they are not written down.
As well as the oral and/or written terms you actually agree with your employee, an employment contract can also include implied terms.
Implied terms include:
- your duty to provide a secure, safe, and healthy environment for the employee
- the employee's duty of honesty and loyal service
- implied duty of mutual trust and confidence between you and the employee
- a term too obvious to need stating, eg that your employee will not steal from you and that you will pay the employee reasonable wages for the work you have employed them to do
- any terms that are necessary to make the contract workable, eg that someone employed as a driver will have a valid driving licence
Some terms and conditions may become implied because you have consistently done something over a significant period, eg made enhanced redundancy payments to redundant employees. This is known as custom and practice. See what a contract of employment is for further information on terms through custom and practice.
The law also imposes some terms automatically, such as the right to a minimum of 5.6 weeks' paid annual leave, the right to be paid at least the National Minimum Wage or National Living Wage rate (age dependant), and the right not to be unlawfully discriminated against.
Developed withActionsAlso on this siteContent category
Source URL
/content/implied-terms-employment-contract
Links
How to change an existing contract of employment
Getting an employee to agree to a change in their terms and conditions of employment.
If you want to change an employee's terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal.
Changes to the written statement of employment
You must tell the employee in writing about any changes to the written statement no later than one month after you have made the change. A change to the statement will still require the employee's agreement.
If the change results from the employee being required to work outside the UK for more than a month, and they will be leaving within a month of the change, you should tell them in writing before they leave.
In most cases, the notification must contain explicit particulars of the change.
However, you may tell the employee about changes to certain particulars such as those listed below by referring to some other document to which the employee has reasonable access:
- entitlement to sick leave, including any entitlement to sick pay
- pensions and pension schemes
- disciplinary rules and disciplinary or dismissal procedures
- any further steps that follow from making an application under the employer's disciplinary, dismissal, or grievance procedures
Changes to employment contracts via collective agreements
The terms of a collective agreement are sometimes incorporated into employees' employment contracts.
If - following agreement with the employees' representatives - you change some of these terms, you should inform the employees concerned - ideally in writing.
However, if the changes affect the terms of the written statement of employment, you must inform the employees individually in writing - and must do this within one month of the changes coming into effect.
What information is an employee entitled to receive when there is a change of employer?
When there is a change of employer, a new and full written statement of employment of employment particulars must normally be given to employees within two months.
However, there are some exceptions. You don't need to give a new statement if the name of the business changes without any change in the employer's identity, or if the identity changes in circumstances where the employee can continue their employment, as long as there is no other change in terms and conditions.
However, you must give individual written notification of the change at the earliest opportunity, and at least within one month of when it occurs.
If the change of employer is a result of a business transfer, the terms and conditions of the transferring employees may not usually be changed by the new employer. For more information on employees' rights during and after business transfers, see responsibilities to employees if you buy or sell a business.
Developed withActionsAlso on this siteContent category
Source URL
/content/how-change-existing-contract-employment
Links
Employee enforcement of the right to a written statement of employment
How an employee can enforce their rights in relation to receiving a written statement of employment.
An employee may refer the matter to an Industrial Tribunal where they have:
- not received a written statement of employment particulars
- received a written statement of employment that does not comply with the legal requirements
- not received notification of a change to those particulars
- received notification of a change that does not comply with the legal requirements
A claim for failure to provide a written statement of employment can only be brought when the deadline for providing it, two months after the start of employment or one month after a change in terms, has expired.
If you have given the employee a written statement - or notification of a change to it - but you disagree over the accuracy of the particulars recorded, then either you or the employee may refer the matter to a tribunal.
In either case, the tribunal will determine what particulars the employee should have been given. These particulars will have the effect as if you had included them in the written statement of employment, or notification of a change to it, in the first place.
Compensation for failure to issue a written statement of employment
If your employee succeeds in another (unrelated) employment claim, eg unfair dismissal, the tribunal can also award them compensation for your failure to give them a written statement of employment or an accurate or complete statement of change to it - as long as there are no exceptional circumstances that would make this unjust.
The amount of compensation will be two or four weeks' pay (at the tribunal's discretion). A week's pay for this purpose is subject to a statutory limit.
Note that the Labour Relations Agency's (LRA) statutory arbitration scheme cannot accept a claim of failure to provide or update a written statement on its own, as a sole claim, though it may be considered by an LRA arbitrator if it is part of another claim (eg unfair dismissal) or claims under the scheme. The LRA arbitration scheme explained.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/employee-enforcement-right-written-statement-employment
Links
Breach of employment contract claims
Claims and counter-claims arising out of a failure to observe employment contractual terms and conditions.
If an employee suffers a loss through your failure to observe the terms of their contract of employment, they may make a claim for breach of contract.
Breach of employment contract claims in Industrial tribunals
An industrial tribunal can only hear a breach of contract claim if the claim either:
- arises on termination of the employee's employment
- is outstanding on the termination of the employee's employment
The claim must also not relate to:
- personal injury
- a term imposing an obligation of confidence
- a term which is a covenant in restraint of trade
- a term relating to intellectual property, eg copyright, rights in performances, moral rights, design rights, registered designs, patents, and trademarks
- a term either requiring you to provide the employee with living accommodation or imposing a duty relating to the provision of living accommodation
These rules apply to both employee claims and employer counter-claims.
Awards for breach of employment contract claims
The tribunal may award an employee damages for their loss, eg a payment of arrears of wages, holiday pay, or pay in lieu of notice.
Any award for damages is limited to £25,000.
If the employee wishes to claim more, they cannot first seek £25,000 from an Industrial Tribunal and then go on to seek the balance from a civil court.
Making a counter-claim
You may make a counter-claim to the tribunal if you suffer a loss through the employee's failure to observe the terms of their contract of employment.
However, you can only do this if the employee has already presented a tribunal claim and has not since withdrawn or settled it. If the dismissed employee withdraws their breach of contract claim after you have made a claim, your claim can still be considered by the Industrial Tribunal/arbitrator.
Time limits for making a tribunal claim
An employee has three months after the date of their termination of employment to make a breach of contract claim to an Industrial Tribunal. This is irrespective of whether or not an internal appeals procedure is being used.
You may make a counter-claim at any time up to six weeks after you receive a copy of the employee's original application (the ET1 (NI) form).
The tribunal can extend the three-month limit where it considers it reasonable and where it is satisfied that it was not reasonably practicable for the complaint to be made within the specified time.
However, the six-week period for counter-claims cannot be extended.
The Labour Relations Agency Arbitration Scheme
Certain claims to industrial tribunals in Northern Ireland can also, as an alternative, be resolved through arbitration using the Labour Relations Agency (LRA) Arbitration Scheme.
See employment-related tribunal claims: LRA Arbitration Scheme.
Contractual claims outside the tribunal system
Certain types of contractual claims can only be resolved by bringing a claim to the civil courts. These are:
- claims for damages in respect of personal injuries
- claims arising during the course of the employee's employment
- where you want to present a contractual claim against an employee but the employee themself has not presented a claim to a tribunal
Civil courts can hear claims up to six years after the breach of contract occurred and there is no cap on the amount of damages they can award.
Developed withHelpActionsAlso on this siteContent category
Source URL
/content/breach-employment-contract-claims
Links
Application for flexible working
In this guide:
- Flexible working: the law and best practice
- The right to request flexible working: eligibility criteria
- Advantages of flexible working
- Flexible working policy
- Types of flexible working
- Application for flexible working
- Considering flexible working requests
- Reaching a decision on a flexible working request
- Refusing a flexible working request
- Flexible working refusal: employee's appeal
- Flexible working: extensions to time limits and withdrawals
- Unresolved flexible working requests
- Flexible working: employee protection against dismissal and discrimination
- Promoting flexible working - Advanced Electronic Solutions (video)
- Introducing a four-day working week - Smiley Monroe
The right to request flexible working: eligibility criteria
Who qualifies for the right to make a flexible working request, and the types of flexible working requests.
Certain employees have the statutory right to make a flexible working request. To be eligible to make a flexible working request, a person must:
- be an employee
- have worked for you continuously for at least 26 weeks on the date they make their request
- not have made another statutory request during the past 12 months (unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995).
Further, employed agency workers returning to work from a period of parental leave also have the right to request flexible working.
The right to make a flexible working request is open to all those who meet the above eligibility requirements. It can be made for any reason, and it is not restricted to parents or carers.
The frequency of flexible working requests
Employees can make one application every 12 months unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.
The 12-month period runs from the date the most recent application was made.
Before making a subsequent request, the employee must still meet the eligibility criteria as outlined above.
Developed withAlso on this siteContent category
Source URL
/content/right-request-flexible-working-eligibility-criteria
Links
Advantages of flexible working
The advantages for your business when introducing a flexible working policy.
Introducing a flexible working policy can benefit your business as well as your employees.
Flexible working: business benefits
Many employers believe that promoting flexible working makes good business sense and brings the following improvements:
Cost effectiveness
Greater cost-effectiveness and efficiency, such as savings on overheads when employees work from home or less downtime for machinery when 24-hour shifts are worked.
Flexible operating hours
The chance to have extended operating hours or more flexible operating hours to meet the demands of global customers in different time zones.
Attract and retain staff
Ability to attract and retain a more diverse and higher-skilled workforce. Also, recruitment costs are reduced if your retention levels are higher.
Increased staff morale
More job satisfaction and better staff morale if hours are flexible to meet workers' commitments outside of work.
Reduced sickness levels
Reduced levels of sickness absence.
Better work-life balance
Greater continuity as staff, who might otherwise have left, are offered hours they can manage. Many employers find that a better work-life balance has a positive impact on staff retention, and on employee relations, motivation, and commitment. High rates of retention mean that you keep experienced staff who can often offer a better overall service.
Meet customer demands
Increased customer satisfaction and loyalty as a result of the above.
More agile business
Improved competitiveness, such as being able to react to changing market conditions more effectively.
Flexible working: benefits for employees
The main benefit of working flexibly for your employees is that it gives them the chance to fit other commitments and activities around work and make better use of their free time.
Flexible working can help you as an employer promote a healthy work-life balance for your staff.
Developed withActionsAlso on this siteContent category
Source URL
/content/advantages-flexible-working
Links
Flexible working policy
Considerations for employers when introducing a flexible working policy and example templates.
Introducing a flexible working policy
You should inform and consult your employees before you introduce a flexible working policy. This may help them understand how flexible working arrangements may impact your business.
When planning to implement a flexible working policy, you will need to consider the following:
- What flexible working arrangements will suit the business?
- What are the legal requirements?
- How will you deal with applications, eg, who will attend the meetings, and how will the administration work?
- Are there jobs that might be difficult to do under a flexible working arrangement, eg, jobs that don't suit homeworking?
- If there are, what is the nature of the obstacle, and can you perhaps overcome it?
- How flexible are your IT arrangements, eg, can employees access their email away from the workplace?
Flexible working policy templates
The Equality Commission for Northern Ireland has developed a model policy and procedure template for employers on handling requests for flexible working (PDF, 1.07MB) - you can download and personalise this to your business needs.
The Equality Commission for Northern Ireland also hosts free training courses on flexible working on a regular basis as part of its Employer Training Programme.
Find out how to set up employment policies for your business.
Also on this siteContent category
Source URL
/content/flexible-working-policy
Links
Types of flexible working
Different types of flexible working, such as part-time work, flexi-time, zero-hour contracts, and job sharing.
The term flexible working covers flexibility in terms of the hours that are worked and the location, and includes the following:
Flexible working: different types
Type of flexible work Explanation Annualised hours Employees' contracted hours are calculated over a year. While the majority of shifts are allocated, the remaining hours are kept in reserve so that workers can be called in at short notice as required. See minimum wage for different types of work - paid by the hour. Compressed working hours Employees can cover their standard working hours in fewer working days. See calculating holiday entitlement for atypical workers. Flexi-time Employees have the freedom to work in any way they choose outside a set core of hours determined by the employer. Part-time working Employees are contracted to work less than standard, basic, full-time hours. See options for part-time working. Job sharing One full-time job is split between two employees who agree on the hours between them. See introducing job-sharing. Remote or hybrid working Employees spend all or part of their working week from home or somewhere else away from the normal workplace. See employees working from home. Sabbatical/career break Employees are allowed to take an extended period of time off, either paid or unpaid. Self rostering Employees nominate the shifts they'd prefer, leaving you to compile shift patterns matching their individual preferences while covering all required shifts. Shift swapping Employees arrange shifts among themselves, provided all required shifts are covered. Shift working Work that takes place on a schedule outside the traditional 9am - 5pm working day. It can involve evening or night shifts, early morning shifts, and rotating shifts. Staggered hours Employees have different start, finish, and break times, allowing a business to open longer hours. Term-time working An employee remains on a permanent contract but can take paid/unpaid leave during school holidays. See considering requests to change working hours. Voluntary reduced work time Employees agree to reduce their hours for a fixed period with a guarantee of full-time work when this period ends.
Flexible arrangements must comply with the law on working time. See hours, rest breaks, and the working week.Developed withActionsAlso on this siteContent category
Source URL
/content/types-flexible-working
Links
Application for flexible working
Information an employee must provide when making a flexible working request.
An employee's application should set out their desired working pattern and how they think you can accommodate it.
Information that must be included in a flexible working application
For a flexible working application to be valid, it must:
- be dated and in writing
- state that it is being made under the statutory right to make a flexible working request
- specify the flexible working pattern applied for
- explain what effect the proposed change may have on your business and how you can deal with any such effect
- state the date on which they want the change to start
- be the only request made in the last 12 months
The employee should allow plenty of time between the date of the application and the date they expect the flexible working arrangement to start. This is to allow you time to look at their application and assess whether or not you can accommodate it.
See form FW (A): Flexible Working Application Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Flexible working differences between GB and NI
There are some significant differences between flexible working legislation in Great Britain and Northern Ireland. The LRA has summed up these differences in a short video.
View the LRA's video on the key differences in flexible working legislation.
Flexible working requests and the contract of employment
If you accept an employee's flexible working request, this will be a permanent change to their contractual terms and conditions unless you agree otherwise. See change an employee's terms of employment.
If you or the employee is concerned about this, you could either suggest that they work flexibly over a trial period or agree that the arrangement will be temporary.
Note that employees do not need to provide a reason for their application for flexible working.
Developed withAlso on this siteContent category
Source URL
/content/application-flexible-working
Links
Considering flexible working requests
Responding to an employee's flexible working request and arranging a meeting to discuss it.
You should acknowledge receipt of the employee's flexible working request in writing.
All statutory flexible working requests must be seriously considered with the aim of deciding whether your business can accommodate the requested work pattern.
Under the statutory procedure, you should hold a meeting with the employee to discuss their request. If you cannot accommodate the requested working pattern, you may still wish to explore alternatives to find a working pattern suitable for both.
You can also agree to a flexible working request simply on the basis of the application itself without the need for a meeting, but it would be good practice to meet with the employee to discuss any practical issues for implementation.
Incomplete flexible working application
If the application is incomplete, you can ask the employee to resubmit it and inform them that you do not have to consider the application until it is resubmitted.
If the employee refuses to provide you with the information needed, you can treat the application as withdrawn. The employee will not be able to make another application for another 12 months. See the right to request flexible working: eligibility criteria.
Meeting to discuss the flexible working application
You should arrange a meeting with the employee within 28 days of receiving their valid flexible working application. If it is difficult to arrange a meeting within this period, seek the employee's agreement to extend it.
Failure to hold a meeting within the 28-day period or any extension, without the employee's agreement, will be a breach of the procedure.
You should arrange the meeting at an appropriate time and place that is convenient for all.
The right to be accompanied
The employee has the right to be accompanied at the meeting by a single companion who is a worker employed by the same employer as the employee who chooses them.
The companion can address the meeting and confer with the employee during it, but may not answer questions on behalf of the employee.
If the companion is unable to attend the meeting, the employee must seek to rearrange the meeting. It should take place within seven days of the date of the original meeting.
You must pay both the employee and their companion for the time off from their normal working duties to attend the meeting.
What happens if the employee fails to attend the meeting?
If the employee is unable to attend the meeting, they should contact you as soon as possible to explain their absence and allow you to rearrange it for the next mutually convenient time.
If the employee fails to attend the meeting more than once without a reasonable explanation, you can treat their application as withdrawn, and you should write to them to confirm this.
Developed withActionsAlso on this siteContent category
Source URL
/content/considering-flexible-working-requests
Links
Reaching a decision on a flexible working request
Accepting and refusing an employee's request and trial periods.
You must notify an employee of your decision within 14 days of the meeting to discuss their flexible working request.
If you need more time to consider the request, you must agree to this with the employee.
If you cannot agree to the working pattern asked for, you can still try to reach an agreement with the employee on an alternative arrangement.
Accepting a flexible working request
If you accept an employee's flexible working request, you must write to them:
- detailing their new working pattern
- stating the date on which it will start
- ensuring that this notice is dated
- stating that the arrangement means a permanent change to the employee's terms and conditions of employment (unless agreed otherwise)
Flexible working trial periods
If you or the employee is not sure that the proposed flexible working pattern will work in practice, you could try a different working arrangement or consider a trial period for flexible working.
Trial periods can happen at two stages before a formal agreement is reached on the flexible working request:
- If you know that your employee will be applying, then you can agree to a trial period before they submit a formal written flexible working request. If you do this, the formal procedure will still be available to the employee in the future.
- If the employee makes a formal written application, you could agree to an extension of time for you to make a decision, and the trial period could happen before you reach a final agreement. In this case, the rest of the formal procedure would still be available to the employee.
Informal temporary flexible working arrangements
If you and the employee think that a statutory flexible working arrangement resulting in a permanent change to their contract of employment may not be the best solution, you could consider an informal temporary arrangement.
For example, this may be appropriate when the employee suddenly becomes the carer of an adult with a terminal illness, or they have to care for someone with a fluctuating condition like Parkinson's disease.
You should put any such agreement in writing.
Developed withActionsAlso on this siteContent category
Source URL
/content/reaching-decision-flexible-working-request
Links
Refusing a flexible working request
Reasons employers may refuse a flexible working request and how this must be communicated to the employee.
If you decide that you cannot accommodate any kind of flexible working for an employee, you must write to them:
- stating which of the listed business ground(s) apply as to why you cannot accept the request
- providing an explanation of why the business reasons apply in the circumstances
- setting out the appeal procedure
This written notice must be dated.
The business grounds for rejecting a flexible working request
You can only reject a flexible working request on a limited number of set grounds.
These are:
- planned structural changes
- burden of additional costs
- detrimental impact on quality
- inability to recruit additional staff
- detrimental impact on performance
- inability to reorganise work amongst existing staff
- detrimental effect on ability to meet customer demand
- insufficient work for the periods the employee proposes to work
Explaining your refusal of a flexible working request
In your written refusal of a flexible working request, you must explain why the business ground applies in the circumstances. If an employee understands why a business reason is relevant, they are more likely to accept the outcome and be satisfied that you have considered their application seriously - even if it isn't the outcome they wanted.
You do not have to go into a lot of detail, but you should include the key facts about why the business ground applies.
If you decide to reject a flexible working application based on incorrect facts, this will give the employee grounds to make a complaint to an industrial tribunal.
See form FW (C): Flexible Working Application Rejection Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/refusing-flexible-working-request
Links
Flexible working refusal: employee's appeal
How an employee should request an appeal if their flexible working request is refused and how an employer must deal with that request.
If an employee believes that you have not properly considered their flexible working request, they may want to appeal your decision to reject it.
Flexible working: employee's notice of appeal
The employee must make their appeal in writing within 14 days of receiving your written notice refusing their flexible working request - read more on reaching a decision on a flexible working request.
In the appeal notice, the employee must set out the grounds for making the appeal and ensure that the appeal is dated.
For example, an employee might appeal because they want to:
- challenge a fact you gave to explain why the business reason applies
- bring your attention to something you weren't aware of when you rejected the application, eg that another member of staff is now willing to cover the hours the employee no longer wishes to work
There are no restrictions on the grounds for appeal.
See form FW (D): Flexible Working Appeal Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Arranging an appeal meeting
You must arrange the appeal meeting within 14 days of receiving the employee's appeal notice with regard to their flexible working application.
A different manager should ideally hear this appeal, usually at a higher level, than the manager who made the initial decision to reject the flexible working request.
The principles on the right to be accompanied, payment for attending the meeting, and what happens if the employee fails to attend are the same as for the initial meeting - see considering flexible working requests.
Notifying an employee of your decision following the appeal meeting
You must inform the employee of the outcome of the flexible working request appeal in writing within 14 days after the date of the appeal meeting.
If you change your mind and choose to accept their flexible working request, this notification must:
- be dated
- include a description of the new working pattern
- state the date from which the new working pattern is to take effect
If you choose to uphold the decision to refuse the flexible working request, this notification must:
- be dated
- state the grounds for the decision - these must be in direct response to the employee's grounds for making the appeal
- explain why the grounds for refusal apply in the circumstances - your explanation should provide the kind of detail required in your explanation following the initial meeting.
This notice amounts to your final decision and ends the formal right to request a flexible working procedure.
See form FW (E): Flexible Working Appeal Reply Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-refusal-employees-appeal
Links
Flexible working: extensions to time limits and withdrawals
Extending the time limit to decide on a flexible working request.
There may be occasions where you need more time than the formal statutory procedure allows in order to reach your decision on an employee's request for flexible working.
There are also situations where you may treat the employee's application as withdrawn.
Extension of time limits to consider a flexible working request
There are two circumstances where the time limits for giving decisions and raising appeals on flexible working requests can be extended.
Through agreement by the employer and the employee
You might need to extend time limits where, for example, you need more time to consult with other staff or you agree to a trial period to check the suitability of the proposed flexible working arrangement.
The written record of the agreement must:
- be dated
- be sent to the employee
- specify what period the extension relates to
- specify the date on which the extension is to end
Through absence of the employer
An automatic extension applies where the individual who normally deals with the flexible working request is absent from work due to leave or illness. Where this is the case, the 28-day period within which a meeting shall be held to discuss a flexible working application commences on the day the individual returns to work, or 28 days after the application is made, whichever is the sooner.
There are no other circumstances where an automatic extension to any period applies.
See form FW (F): Extension of Time Limit in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Treating a flexible working application as withdrawn
There are three circumstances where you can treat an employee's application for flexible working as withdrawn:
1. The employee unreasonably refuses to provide the information you need to consider their application. You should confirm in writing the withdrawal of the application.
2. The employee twice fails to attend a meeting to discuss a request (or a meeting to discuss an appeal) without reasonable cause. You should confirm in writing the withdrawal of the application. However, you should be flexible where, on both occasions, the employee cannot attend due to unforeseen circumstances.
3. The employee decides to withdraw the application. They should notify you as soon as possible in writing. If you don't receive written notification, ask them to confirm their intention verbally and then confirm this in writing. The employee will not be eligible to make another application for 12 months.
In all circumstances, a written record must be made. See form FW(G): Notice of Withdrawal in the LRA's guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-extensions-time-limits-and-withdrawals
Links
Unresolved flexible working requests
What happens if you can't reach an agreement on flexible working using the statutory right-to-request procedure.
There may be occasions where an employee feels that their employer has not dealt with their flexible working application to their satisfaction.
Informal resolution
You should first try to sort out any problems with a flexible working application informally to discourage the employee from taking more formal action.
If an employee feels that the issue has not been resolved using informal methods, they may use your grievance procedure. Read more on handling grievances.
Third-party conciliation/mediation
If you cannot resolve the issue internally, you could try using an external third-party mediator or conciliator, eg Labour Relations Agency (LRA) or a union representative.
The LRA may offer to resolve the dispute through its Arbitration Scheme.
The LRA Arbitration Scheme
The LRA Arbitration Scheme provides an alternative to having a case heard by a tribunal to resolve an employment-related dispute (for example, claims relating to flexible working arrangements, unfair dismissal, breach of contract, or discrimination).
The scheme is quicker, confidential, non-legalistic, less formal and more cost-effective than a tribunal hearing.
Under the scheme, an arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
Find out more about the LRA Arbitration Scheme.
Early Conciliation
Anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the LRA and discuss the option of Early Conciliation. A claimant will not be able to proceed to the tribunal without at least considering this option.
Tribunal claims
Where all other methods have failed, the employee may feel that an industrial tribunal claim is necessary.
An employee may make a complaint to an industrial tribunal where either:
- your decision to reject a flexible working application was based on incorrect facts, although this issue should first be covered in the appeal meeting - see flexible working refusal: employee's appeal
- you didn't follow the procedure properly, eg you failed to hold the meeting to discuss the application within the timescale (where no extension had been agreed) or where you failed to provide a complete and proper explanation to the employee of your decision to refuse their request
An employee cannot make a complaint where they simply disagree with the business grounds you give.
The industrial tribunal does not have the power to question your business reasons, although it can examine the facts on which the business reason was based to see if they are factually correct. If a case is brought jointly with other legislation, eg the Sex Discrimination (Northern Ireland) Order 1976 or other discrimination legislation, an industrial tribunal may seek to examine how the request was considered.
Note that applications to tribunals have time limits. The LRA can provide information about tribunal time limits - contact the LRA.
Remedies and compensation
An industrial tribunal or LRA arbitration can order you to:
- pay an award to the employee
- reconsider an application by following the procedure correctly
The maximum level of compensation is eight weeks' pay, although there is a statutory cap on the amount of a week's pay.
There is a separate award of up to two weeks' pay where you failed to allow the employee to be accompanied at a meeting.
There may be an additional award of compensation if the employee is successful in a joint claim, eg, taken under Sex Discrimination legislation - as set out above.
Developed withActionsAlso on this siteContent category
Source URL
/content/unresolved-flexible-working-requests
Links
Flexible working: employee protection against dismissal and discrimination
An employee's protection against detrimental treatment and dismissal in relation to their flexible working request.
You must not subject an employee to a detriment or dismiss them for a reason relating to their flexible working request. In addition, you should note that rejecting a flexible working request could give rise to a discrimination claim.
Protection against detriment/dismissal for requesting flexible working
Employees are protected from suffering a detriment or being dismissed because:
- they have made an application to work flexibly
- they exercised a right under the flexible working request procedure
- they have made a complaint to an industrial tribunal in respect of their flexible working application
- they exercised their right to be accompanied at a meeting to discuss their request, or they accompanied another employee to such a meeting
A detriment is where you act in a way that results in unfair treatment of an employee because they did something protected by law, such as exercising a statutory employment right.
Dismissal means your termination of their employment, with or without notice, including redundancy selection and the non-renewal of a fixed-term contract. It could also include constructive dismissal, ie where the employee resigns believing you have substantially breached their contract of employment. Read more on dismissing employees.
Employees who suffer a detriment or are dismissed in these circumstances may make a complaint to an industrial tribunal.
Discrimination and flexible working requests
In some circumstances, rejecting an employee's flexible working request could open up the possibility of a claim for discrimination on grounds of sex, gender reassignment, marital status or civil partnership, race, religion or belief, political opinion, sexual orientation, disability, or age.
For example, if you reject the request of a woman returning from maternity leave to work part-time, this could be seen as indirect sex discrimination. This is on the grounds that a greater proportion of women than men have the main parental caring responsibility, and requiring the employee to work full time potentially puts her at a disadvantage compared with her male colleagues.
However, even if the employee is put at a disadvantage by your flexible working refusal, you can still justify your actions at a tribunal if you can show that they were a proportionate means of achieving a legitimate aim.
Read more on how to prevent discrimination and value diversity.
Part-time employee discrimination
You must not treat part-time employees less favourably in their contractual terms and conditions than comparable full-timers - unless you can objectively justify that treatment.
So, if you agree to a request to work fewer hours, bear in mind that the employee is still entitled to the same pay and benefits (on a pro-rata basis) and access to training and promotion opportunities.
Find out more about employing part-time workers.
Developed withActionsAlso on this siteContent category
Source URL
/content/flexible-working-employee-protection-against-dismissal-and-discrimination
Links
Flexible working: the law and best practice
Promoting flexible working - Advanced Electronic Solutions (video)
Paul Creighton, director of Advanced Electronic Solutions (AES), talks about how the company introduced and benefited from flexible working practices.
Advanced Electronic Solutions (AES) has been providing security products throughout the UK and Ireland since 2004. Based in Cookstown, Co. Tyrone, they provide and install a wide range of products and services, from wire-free alarms to CCTV and gate automation. Flexible working benefits both employees and the business by ensuring a happy and more productive workforce.
Here, director Paul Creighton talks about how the company introduced and benefited from flexible working practices.
Case StudyPaul CreightonContent category
Source URL
/content/promoting-flexible-working-advanced-electronic-solutions-video
Links
Flexible working: the law and best practice
Introducing a four-day working week - Smiley Monroe
How Lisburn-based employer Smiley Monroe introduced a four-day working week into their business.
Smiley Monroe is a manufacturer of customised endless conveyor belts, cut rubber, and plastic parts, supplying mobile equipment manufacturers in the crushing and screening sector. Smiley Monroe has three global production facilities and is headquartered in Lisburn with 128 employees.
Jayne Peters, Director of People and Culture at Smiley Monroe, explains how the company has adopted a four-day working week with all staff enjoying Friday off. She outlines how they have addressed challenges along the way and the benefits this has presented to the company and their staff.
Encouraging and acting on staff feedback
"At Smiley Monroe, we value feedback from our employees, and one of the mechanisms to gather ideas is through our engagement team, who meet regularly. This group comprises representatives from all areas of our business. They are responsible for planning employee events, communicating updates throughout our teams, and finding ways to develop and safeguard our company culture. A four-day working week is an example of an idea suggested during one of the engagement meetings."
"While it took some time to work out the practical aspects of how this would work for our business, we were keen to explore how a change in working patterns could help our employees achieve a better work-life balance without negatively impacting our customers. In a challenging labour market, we also identified that this could give us a competitive advantage when recruiting and retaining talent."
Addressing the challenges of a four-day working week
"We initially implemented a six-month trial period for a four-day working week. This approach was crucial to minimise potential inconvenience to our customers during its introduction. While planning, we made gradual adjustments to address possible adverse impacts of the new working pattern. For example, we reduced Friday deliveries as many customers had already adopted Friday as a shorter working day. By doing so, we could maintain production and not negatively affect our customer service."
"To streamline the transition to a four-day working week, we gradually implemented it across different teams. The customer support team was the last to adopt this new work schedule. We informed our customers about the future changes, and the feedback we received was overwhelmingly positive. Many customers showed interest in adopting this new work schedule within their operations."
"In taking a phased approach to reduce Friday working hours, we had already made changes to our delivery and export schedules. This strategy managed customer expectations and meant that when the four-day week finally came into effect, the change was minimal."
"An additional consideration included making efficiencies within our processes to maintain the same level of productivity in a shorter period. We made gradual changes to ensure that our operations remained unaffected."
"We considered how to ensure a four-day working week would positively impact our employee work-life balance. It was not an option for staff to condense their traditional five-day working week into four days, as this would have the opposite effect. It was important for staff to still find time between Monday and Thursday to fulfil family commitments and enjoy their hobbies."
Better employee work-life balance
"One of our central values is 'One Big Family' - meaning our employees' families are an extension of our business. Our decision to reduce the core working hours in all departments instead of just condensing them into four days is based on company values of a healthy work-life balance for all employees every day of the week."
"Some businesses choose a staggered approach to a four-day week, where different employees are off on different days, but the business stays open across the five days. However, we believe our approach and closing on a Friday allows our staff to switch off without the urge to check emails, for example."
"Overall, our current employees love the new working pattern. Whether to spend an extra day at home with their kids, carve out time for a hobby that has been side-lined, or even do volunteer work."
Competitive advantage in the jobs market
"The new four-day working pattern combined with an attractive benefits package and a positive company culture has been a competitive advantage when attracting talent. In today’s job market, employees want more than a competitive salary. Candidates are increasingly choosing employers who align with their values and ambitions."
Success of our four-day working week
"We opted to reduce the core working hours, with no reduction in salary. Again, the motivation here was to maintain high levels of employee satisfaction and ensure they could fully enjoy the benefits of a shorter working week. We are pleased with the positive reception of the new four-day working week by staff, customers, and suppliers. Since its introduction, we have found employees to be more motivated to get the job done more efficiently."
“We have been able to measure the success of our four-day working week through the positive customer and employee feedback we have received. We have identified that tasks are being completed within expected timeframes while maintaining operational efficiency levels since the introduction of the four-day week. We will continue to monitor the success of our new way of working through employee engagement surveys.”
Also on this siteCase StudyJayne PetersContent category
Source URL
/content/introducing-four-day-working-week-smiley-monroe
Links
The right to request flexible working: eligibility criteria
In this guide:
- Flexible working: the law and best practice
- The right to request flexible working: eligibility criteria
- Advantages of flexible working
- Flexible working policy
- Types of flexible working
- Application for flexible working
- Considering flexible working requests
- Reaching a decision on a flexible working request
- Refusing a flexible working request
- Flexible working refusal: employee's appeal
- Flexible working: extensions to time limits and withdrawals
- Unresolved flexible working requests
- Flexible working: employee protection against dismissal and discrimination
- Promoting flexible working - Advanced Electronic Solutions (video)
- Introducing a four-day working week - Smiley Monroe
The right to request flexible working: eligibility criteria
Who qualifies for the right to make a flexible working request, and the types of flexible working requests.
Certain employees have the statutory right to make a flexible working request. To be eligible to make a flexible working request, a person must:
- be an employee
- have worked for you continuously for at least 26 weeks on the date they make their request
- not have made another statutory request during the past 12 months (unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995).
Further, employed agency workers returning to work from a period of parental leave also have the right to request flexible working.
The right to make a flexible working request is open to all those who meet the above eligibility requirements. It can be made for any reason, and it is not restricted to parents or carers.
The frequency of flexible working requests
Employees can make one application every 12 months unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.
The 12-month period runs from the date the most recent application was made.
Before making a subsequent request, the employee must still meet the eligibility criteria as outlined above.
Developed withAlso on this siteContent category
Source URL
/content/right-request-flexible-working-eligibility-criteria
Links
Advantages of flexible working
The advantages for your business when introducing a flexible working policy.
Introducing a flexible working policy can benefit your business as well as your employees.
Flexible working: business benefits
Many employers believe that promoting flexible working makes good business sense and brings the following improvements:
Cost effectiveness
Greater cost-effectiveness and efficiency, such as savings on overheads when employees work from home or less downtime for machinery when 24-hour shifts are worked.
Flexible operating hours
The chance to have extended operating hours or more flexible operating hours to meet the demands of global customers in different time zones.
Attract and retain staff
Ability to attract and retain a more diverse and higher-skilled workforce. Also, recruitment costs are reduced if your retention levels are higher.
Increased staff morale
More job satisfaction and better staff morale if hours are flexible to meet workers' commitments outside of work.
Reduced sickness levels
Reduced levels of sickness absence.
Better work-life balance
Greater continuity as staff, who might otherwise have left, are offered hours they can manage. Many employers find that a better work-life balance has a positive impact on staff retention, and on employee relations, motivation, and commitment. High rates of retention mean that you keep experienced staff who can often offer a better overall service.
Meet customer demands
Increased customer satisfaction and loyalty as a result of the above.
More agile business
Improved competitiveness, such as being able to react to changing market conditions more effectively.
Flexible working: benefits for employees
The main benefit of working flexibly for your employees is that it gives them the chance to fit other commitments and activities around work and make better use of their free time.
Flexible working can help you as an employer promote a healthy work-life balance for your staff.
Developed withActionsAlso on this siteContent category
Source URL
/content/advantages-flexible-working
Links
Flexible working policy
Considerations for employers when introducing a flexible working policy and example templates.
Introducing a flexible working policy
You should inform and consult your employees before you introduce a flexible working policy. This may help them understand how flexible working arrangements may impact your business.
When planning to implement a flexible working policy, you will need to consider the following:
- What flexible working arrangements will suit the business?
- What are the legal requirements?
- How will you deal with applications, eg, who will attend the meetings, and how will the administration work?
- Are there jobs that might be difficult to do under a flexible working arrangement, eg, jobs that don't suit homeworking?
- If there are, what is the nature of the obstacle, and can you perhaps overcome it?
- How flexible are your IT arrangements, eg, can employees access their email away from the workplace?
Flexible working policy templates
The Equality Commission for Northern Ireland has developed a model policy and procedure template for employers on handling requests for flexible working (PDF, 1.07MB) - you can download and personalise this to your business needs.
The Equality Commission for Northern Ireland also hosts free training courses on flexible working on a regular basis as part of its Employer Training Programme.
Find out how to set up employment policies for your business.
Also on this siteContent category
Source URL
/content/flexible-working-policy
Links
Types of flexible working
Different types of flexible working, such as part-time work, flexi-time, zero-hour contracts, and job sharing.
The term flexible working covers flexibility in terms of the hours that are worked and the location, and includes the following:
Flexible working: different types
Type of flexible work Explanation Annualised hours Employees' contracted hours are calculated over a year. While the majority of shifts are allocated, the remaining hours are kept in reserve so that workers can be called in at short notice as required. See minimum wage for different types of work - paid by the hour. Compressed working hours Employees can cover their standard working hours in fewer working days. See calculating holiday entitlement for atypical workers. Flexi-time Employees have the freedom to work in any way they choose outside a set core of hours determined by the employer. Part-time working Employees are contracted to work less than standard, basic, full-time hours. See options for part-time working. Job sharing One full-time job is split between two employees who agree on the hours between them. See introducing job-sharing. Remote or hybrid working Employees spend all or part of their working week from home or somewhere else away from the normal workplace. See employees working from home. Sabbatical/career break Employees are allowed to take an extended period of time off, either paid or unpaid. Self rostering Employees nominate the shifts they'd prefer, leaving you to compile shift patterns matching their individual preferences while covering all required shifts. Shift swapping Employees arrange shifts among themselves, provided all required shifts are covered. Shift working Work that takes place on a schedule outside the traditional 9am - 5pm working day. It can involve evening or night shifts, early morning shifts, and rotating shifts. Staggered hours Employees have different start, finish, and break times, allowing a business to open longer hours. Term-time working An employee remains on a permanent contract but can take paid/unpaid leave during school holidays. See considering requests to change working hours. Voluntary reduced work time Employees agree to reduce their hours for a fixed period with a guarantee of full-time work when this period ends.
Flexible arrangements must comply with the law on working time. See hours, rest breaks, and the working week.Developed withActionsAlso on this siteContent category
Source URL
/content/types-flexible-working
Links
Application for flexible working
Information an employee must provide when making a flexible working request.
An employee's application should set out their desired working pattern and how they think you can accommodate it.
Information that must be included in a flexible working application
For a flexible working application to be valid, it must:
- be dated and in writing
- state that it is being made under the statutory right to make a flexible working request
- specify the flexible working pattern applied for
- explain what effect the proposed change may have on your business and how you can deal with any such effect
- state the date on which they want the change to start
- be the only request made in the last 12 months
The employee should allow plenty of time between the date of the application and the date they expect the flexible working arrangement to start. This is to allow you time to look at their application and assess whether or not you can accommodate it.
See form FW (A): Flexible Working Application Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Flexible working differences between GB and NI
There are some significant differences between flexible working legislation in Great Britain and Northern Ireland. The LRA has summed up these differences in a short video.
View the LRA's video on the key differences in flexible working legislation.
Flexible working requests and the contract of employment
If you accept an employee's flexible working request, this will be a permanent change to their contractual terms and conditions unless you agree otherwise. See change an employee's terms of employment.
If you or the employee is concerned about this, you could either suggest that they work flexibly over a trial period or agree that the arrangement will be temporary.
Note that employees do not need to provide a reason for their application for flexible working.
Developed withAlso on this siteContent category
Source URL
/content/application-flexible-working
Links
Considering flexible working requests
Responding to an employee's flexible working request and arranging a meeting to discuss it.
You should acknowledge receipt of the employee's flexible working request in writing.
All statutory flexible working requests must be seriously considered with the aim of deciding whether your business can accommodate the requested work pattern.
Under the statutory procedure, you should hold a meeting with the employee to discuss their request. If you cannot accommodate the requested working pattern, you may still wish to explore alternatives to find a working pattern suitable for both.
You can also agree to a flexible working request simply on the basis of the application itself without the need for a meeting, but it would be good practice to meet with the employee to discuss any practical issues for implementation.
Incomplete flexible working application
If the application is incomplete, you can ask the employee to resubmit it and inform them that you do not have to consider the application until it is resubmitted.
If the employee refuses to provide you with the information needed, you can treat the application as withdrawn. The employee will not be able to make another application for another 12 months. See the right to request flexible working: eligibility criteria.
Meeting to discuss the flexible working application
You should arrange a meeting with the employee within 28 days of receiving their valid flexible working application. If it is difficult to arrange a meeting within this period, seek the employee's agreement to extend it.
Failure to hold a meeting within the 28-day period or any extension, without the employee's agreement, will be a breach of the procedure.
You should arrange the meeting at an appropriate time and place that is convenient for all.
The right to be accompanied
The employee has the right to be accompanied at the meeting by a single companion who is a worker employed by the same employer as the employee who chooses them.
The companion can address the meeting and confer with the employee during it, but may not answer questions on behalf of the employee.
If the companion is unable to attend the meeting, the employee must seek to rearrange the meeting. It should take place within seven days of the date of the original meeting.
You must pay both the employee and their companion for the time off from their normal working duties to attend the meeting.
What happens if the employee fails to attend the meeting?
If the employee is unable to attend the meeting, they should contact you as soon as possible to explain their absence and allow you to rearrange it for the next mutually convenient time.
If the employee fails to attend the meeting more than once without a reasonable explanation, you can treat their application as withdrawn, and you should write to them to confirm this.
Developed withActionsAlso on this siteContent category
Source URL
/content/considering-flexible-working-requests
Links
Reaching a decision on a flexible working request
Accepting and refusing an employee's request and trial periods.
You must notify an employee of your decision within 14 days of the meeting to discuss their flexible working request.
If you need more time to consider the request, you must agree to this with the employee.
If you cannot agree to the working pattern asked for, you can still try to reach an agreement with the employee on an alternative arrangement.
Accepting a flexible working request
If you accept an employee's flexible working request, you must write to them:
- detailing their new working pattern
- stating the date on which it will start
- ensuring that this notice is dated
- stating that the arrangement means a permanent change to the employee's terms and conditions of employment (unless agreed otherwise)
Flexible working trial periods
If you or the employee is not sure that the proposed flexible working pattern will work in practice, you could try a different working arrangement or consider a trial period for flexible working.
Trial periods can happen at two stages before a formal agreement is reached on the flexible working request:
- If you know that your employee will be applying, then you can agree to a trial period before they submit a formal written flexible working request. If you do this, the formal procedure will still be available to the employee in the future.
- If the employee makes a formal written application, you could agree to an extension of time for you to make a decision, and the trial period could happen before you reach a final agreement. In this case, the rest of the formal procedure would still be available to the employee.
Informal temporary flexible working arrangements
If you and the employee think that a statutory flexible working arrangement resulting in a permanent change to their contract of employment may not be the best solution, you could consider an informal temporary arrangement.
For example, this may be appropriate when the employee suddenly becomes the carer of an adult with a terminal illness, or they have to care for someone with a fluctuating condition like Parkinson's disease.
You should put any such agreement in writing.
Developed withActionsAlso on this siteContent category
Source URL
/content/reaching-decision-flexible-working-request
Links
Refusing a flexible working request
Reasons employers may refuse a flexible working request and how this must be communicated to the employee.
If you decide that you cannot accommodate any kind of flexible working for an employee, you must write to them:
- stating which of the listed business ground(s) apply as to why you cannot accept the request
- providing an explanation of why the business reasons apply in the circumstances
- setting out the appeal procedure
This written notice must be dated.
The business grounds for rejecting a flexible working request
You can only reject a flexible working request on a limited number of set grounds.
These are:
- planned structural changes
- burden of additional costs
- detrimental impact on quality
- inability to recruit additional staff
- detrimental impact on performance
- inability to reorganise work amongst existing staff
- detrimental effect on ability to meet customer demand
- insufficient work for the periods the employee proposes to work
Explaining your refusal of a flexible working request
In your written refusal of a flexible working request, you must explain why the business ground applies in the circumstances. If an employee understands why a business reason is relevant, they are more likely to accept the outcome and be satisfied that you have considered their application seriously - even if it isn't the outcome they wanted.
You do not have to go into a lot of detail, but you should include the key facts about why the business ground applies.
If you decide to reject a flexible working application based on incorrect facts, this will give the employee grounds to make a complaint to an industrial tribunal.
See form FW (C): Flexible Working Application Rejection Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/refusing-flexible-working-request
Links
Flexible working refusal: employee's appeal
How an employee should request an appeal if their flexible working request is refused and how an employer must deal with that request.
If an employee believes that you have not properly considered their flexible working request, they may want to appeal your decision to reject it.
Flexible working: employee's notice of appeal
The employee must make their appeal in writing within 14 days of receiving your written notice refusing their flexible working request - read more on reaching a decision on a flexible working request.
In the appeal notice, the employee must set out the grounds for making the appeal and ensure that the appeal is dated.
For example, an employee might appeal because they want to:
- challenge a fact you gave to explain why the business reason applies
- bring your attention to something you weren't aware of when you rejected the application, eg that another member of staff is now willing to cover the hours the employee no longer wishes to work
There are no restrictions on the grounds for appeal.
See form FW (D): Flexible Working Appeal Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Arranging an appeal meeting
You must arrange the appeal meeting within 14 days of receiving the employee's appeal notice with regard to their flexible working application.
A different manager should ideally hear this appeal, usually at a higher level, than the manager who made the initial decision to reject the flexible working request.
The principles on the right to be accompanied, payment for attending the meeting, and what happens if the employee fails to attend are the same as for the initial meeting - see considering flexible working requests.
Notifying an employee of your decision following the appeal meeting
You must inform the employee of the outcome of the flexible working request appeal in writing within 14 days after the date of the appeal meeting.
If you change your mind and choose to accept their flexible working request, this notification must:
- be dated
- include a description of the new working pattern
- state the date from which the new working pattern is to take effect
If you choose to uphold the decision to refuse the flexible working request, this notification must:
- be dated
- state the grounds for the decision - these must be in direct response to the employee's grounds for making the appeal
- explain why the grounds for refusal apply in the circumstances - your explanation should provide the kind of detail required in your explanation following the initial meeting.
This notice amounts to your final decision and ends the formal right to request a flexible working procedure.
See form FW (E): Flexible Working Appeal Reply Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-refusal-employees-appeal
Links
Flexible working: extensions to time limits and withdrawals
Extending the time limit to decide on a flexible working request.
There may be occasions where you need more time than the formal statutory procedure allows in order to reach your decision on an employee's request for flexible working.
There are also situations where you may treat the employee's application as withdrawn.
Extension of time limits to consider a flexible working request
There are two circumstances where the time limits for giving decisions and raising appeals on flexible working requests can be extended.
Through agreement by the employer and the employee
You might need to extend time limits where, for example, you need more time to consult with other staff or you agree to a trial period to check the suitability of the proposed flexible working arrangement.
The written record of the agreement must:
- be dated
- be sent to the employee
- specify what period the extension relates to
- specify the date on which the extension is to end
Through absence of the employer
An automatic extension applies where the individual who normally deals with the flexible working request is absent from work due to leave or illness. Where this is the case, the 28-day period within which a meeting shall be held to discuss a flexible working application commences on the day the individual returns to work, or 28 days after the application is made, whichever is the sooner.
There are no other circumstances where an automatic extension to any period applies.
See form FW (F): Extension of Time Limit in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Treating a flexible working application as withdrawn
There are three circumstances where you can treat an employee's application for flexible working as withdrawn:
1. The employee unreasonably refuses to provide the information you need to consider their application. You should confirm in writing the withdrawal of the application.
2. The employee twice fails to attend a meeting to discuss a request (or a meeting to discuss an appeal) without reasonable cause. You should confirm in writing the withdrawal of the application. However, you should be flexible where, on both occasions, the employee cannot attend due to unforeseen circumstances.
3. The employee decides to withdraw the application. They should notify you as soon as possible in writing. If you don't receive written notification, ask them to confirm their intention verbally and then confirm this in writing. The employee will not be eligible to make another application for 12 months.
In all circumstances, a written record must be made. See form FW(G): Notice of Withdrawal in the LRA's guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-extensions-time-limits-and-withdrawals
Links
Unresolved flexible working requests
What happens if you can't reach an agreement on flexible working using the statutory right-to-request procedure.
There may be occasions where an employee feels that their employer has not dealt with their flexible working application to their satisfaction.
Informal resolution
You should first try to sort out any problems with a flexible working application informally to discourage the employee from taking more formal action.
If an employee feels that the issue has not been resolved using informal methods, they may use your grievance procedure. Read more on handling grievances.
Third-party conciliation/mediation
If you cannot resolve the issue internally, you could try using an external third-party mediator or conciliator, eg Labour Relations Agency (LRA) or a union representative.
The LRA may offer to resolve the dispute through its Arbitration Scheme.
The LRA Arbitration Scheme
The LRA Arbitration Scheme provides an alternative to having a case heard by a tribunal to resolve an employment-related dispute (for example, claims relating to flexible working arrangements, unfair dismissal, breach of contract, or discrimination).
The scheme is quicker, confidential, non-legalistic, less formal and more cost-effective than a tribunal hearing.
Under the scheme, an arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
Find out more about the LRA Arbitration Scheme.
Early Conciliation
Anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the LRA and discuss the option of Early Conciliation. A claimant will not be able to proceed to the tribunal without at least considering this option.
Tribunal claims
Where all other methods have failed, the employee may feel that an industrial tribunal claim is necessary.
An employee may make a complaint to an industrial tribunal where either:
- your decision to reject a flexible working application was based on incorrect facts, although this issue should first be covered in the appeal meeting - see flexible working refusal: employee's appeal
- you didn't follow the procedure properly, eg you failed to hold the meeting to discuss the application within the timescale (where no extension had been agreed) or where you failed to provide a complete and proper explanation to the employee of your decision to refuse their request
An employee cannot make a complaint where they simply disagree with the business grounds you give.
The industrial tribunal does not have the power to question your business reasons, although it can examine the facts on which the business reason was based to see if they are factually correct. If a case is brought jointly with other legislation, eg the Sex Discrimination (Northern Ireland) Order 1976 or other discrimination legislation, an industrial tribunal may seek to examine how the request was considered.
Note that applications to tribunals have time limits. The LRA can provide information about tribunal time limits - contact the LRA.
Remedies and compensation
An industrial tribunal or LRA arbitration can order you to:
- pay an award to the employee
- reconsider an application by following the procedure correctly
The maximum level of compensation is eight weeks' pay, although there is a statutory cap on the amount of a week's pay.
There is a separate award of up to two weeks' pay where you failed to allow the employee to be accompanied at a meeting.
There may be an additional award of compensation if the employee is successful in a joint claim, eg, taken under Sex Discrimination legislation - as set out above.
Developed withActionsAlso on this siteContent category
Source URL
/content/unresolved-flexible-working-requests
Links
Flexible working: employee protection against dismissal and discrimination
An employee's protection against detrimental treatment and dismissal in relation to their flexible working request.
You must not subject an employee to a detriment or dismiss them for a reason relating to their flexible working request. In addition, you should note that rejecting a flexible working request could give rise to a discrimination claim.
Protection against detriment/dismissal for requesting flexible working
Employees are protected from suffering a detriment or being dismissed because:
- they have made an application to work flexibly
- they exercised a right under the flexible working request procedure
- they have made a complaint to an industrial tribunal in respect of their flexible working application
- they exercised their right to be accompanied at a meeting to discuss their request, or they accompanied another employee to such a meeting
A detriment is where you act in a way that results in unfair treatment of an employee because they did something protected by law, such as exercising a statutory employment right.
Dismissal means your termination of their employment, with or without notice, including redundancy selection and the non-renewal of a fixed-term contract. It could also include constructive dismissal, ie where the employee resigns believing you have substantially breached their contract of employment. Read more on dismissing employees.
Employees who suffer a detriment or are dismissed in these circumstances may make a complaint to an industrial tribunal.
Discrimination and flexible working requests
In some circumstances, rejecting an employee's flexible working request could open up the possibility of a claim for discrimination on grounds of sex, gender reassignment, marital status or civil partnership, race, religion or belief, political opinion, sexual orientation, disability, or age.
For example, if you reject the request of a woman returning from maternity leave to work part-time, this could be seen as indirect sex discrimination. This is on the grounds that a greater proportion of women than men have the main parental caring responsibility, and requiring the employee to work full time potentially puts her at a disadvantage compared with her male colleagues.
However, even if the employee is put at a disadvantage by your flexible working refusal, you can still justify your actions at a tribunal if you can show that they were a proportionate means of achieving a legitimate aim.
Read more on how to prevent discrimination and value diversity.
Part-time employee discrimination
You must not treat part-time employees less favourably in their contractual terms and conditions than comparable full-timers - unless you can objectively justify that treatment.
So, if you agree to a request to work fewer hours, bear in mind that the employee is still entitled to the same pay and benefits (on a pro-rata basis) and access to training and promotion opportunities.
Find out more about employing part-time workers.
Developed withActionsAlso on this siteContent category
Source URL
/content/flexible-working-employee-protection-against-dismissal-and-discrimination
Links
Flexible working: the law and best practice
Promoting flexible working - Advanced Electronic Solutions (video)
Paul Creighton, director of Advanced Electronic Solutions (AES), talks about how the company introduced and benefited from flexible working practices.
Advanced Electronic Solutions (AES) has been providing security products throughout the UK and Ireland since 2004. Based in Cookstown, Co. Tyrone, they provide and install a wide range of products and services, from wire-free alarms to CCTV and gate automation. Flexible working benefits both employees and the business by ensuring a happy and more productive workforce.
Here, director Paul Creighton talks about how the company introduced and benefited from flexible working practices.
Case StudyPaul CreightonContent category
Source URL
/content/promoting-flexible-working-advanced-electronic-solutions-video
Links
Flexible working: the law and best practice
Introducing a four-day working week - Smiley Monroe
How Lisburn-based employer Smiley Monroe introduced a four-day working week into their business.
Smiley Monroe is a manufacturer of customised endless conveyor belts, cut rubber, and plastic parts, supplying mobile equipment manufacturers in the crushing and screening sector. Smiley Monroe has three global production facilities and is headquartered in Lisburn with 128 employees.
Jayne Peters, Director of People and Culture at Smiley Monroe, explains how the company has adopted a four-day working week with all staff enjoying Friday off. She outlines how they have addressed challenges along the way and the benefits this has presented to the company and their staff.
Encouraging and acting on staff feedback
"At Smiley Monroe, we value feedback from our employees, and one of the mechanisms to gather ideas is through our engagement team, who meet regularly. This group comprises representatives from all areas of our business. They are responsible for planning employee events, communicating updates throughout our teams, and finding ways to develop and safeguard our company culture. A four-day working week is an example of an idea suggested during one of the engagement meetings."
"While it took some time to work out the practical aspects of how this would work for our business, we were keen to explore how a change in working patterns could help our employees achieve a better work-life balance without negatively impacting our customers. In a challenging labour market, we also identified that this could give us a competitive advantage when recruiting and retaining talent."
Addressing the challenges of a four-day working week
"We initially implemented a six-month trial period for a four-day working week. This approach was crucial to minimise potential inconvenience to our customers during its introduction. While planning, we made gradual adjustments to address possible adverse impacts of the new working pattern. For example, we reduced Friday deliveries as many customers had already adopted Friday as a shorter working day. By doing so, we could maintain production and not negatively affect our customer service."
"To streamline the transition to a four-day working week, we gradually implemented it across different teams. The customer support team was the last to adopt this new work schedule. We informed our customers about the future changes, and the feedback we received was overwhelmingly positive. Many customers showed interest in adopting this new work schedule within their operations."
"In taking a phased approach to reduce Friday working hours, we had already made changes to our delivery and export schedules. This strategy managed customer expectations and meant that when the four-day week finally came into effect, the change was minimal."
"An additional consideration included making efficiencies within our processes to maintain the same level of productivity in a shorter period. We made gradual changes to ensure that our operations remained unaffected."
"We considered how to ensure a four-day working week would positively impact our employee work-life balance. It was not an option for staff to condense their traditional five-day working week into four days, as this would have the opposite effect. It was important for staff to still find time between Monday and Thursday to fulfil family commitments and enjoy their hobbies."
Better employee work-life balance
"One of our central values is 'One Big Family' - meaning our employees' families are an extension of our business. Our decision to reduce the core working hours in all departments instead of just condensing them into four days is based on company values of a healthy work-life balance for all employees every day of the week."
"Some businesses choose a staggered approach to a four-day week, where different employees are off on different days, but the business stays open across the five days. However, we believe our approach and closing on a Friday allows our staff to switch off without the urge to check emails, for example."
"Overall, our current employees love the new working pattern. Whether to spend an extra day at home with their kids, carve out time for a hobby that has been side-lined, or even do volunteer work."
Competitive advantage in the jobs market
"The new four-day working pattern combined with an attractive benefits package and a positive company culture has been a competitive advantage when attracting talent. In today’s job market, employees want more than a competitive salary. Candidates are increasingly choosing employers who align with their values and ambitions."
Success of our four-day working week
"We opted to reduce the core working hours, with no reduction in salary. Again, the motivation here was to maintain high levels of employee satisfaction and ensure they could fully enjoy the benefits of a shorter working week. We are pleased with the positive reception of the new four-day working week by staff, customers, and suppliers. Since its introduction, we have found employees to be more motivated to get the job done more efficiently."
“We have been able to measure the success of our four-day working week through the positive customer and employee feedback we have received. We have identified that tasks are being completed within expected timeframes while maintaining operational efficiency levels since the introduction of the four-day week. We will continue to monitor the success of our new way of working through employee engagement surveys.”
Also on this siteCase StudyJayne PetersContent category
Source URL
/content/introducing-four-day-working-week-smiley-monroe
Links
Advantages of flexible working
In this guide:
- Flexible working: the law and best practice
- The right to request flexible working: eligibility criteria
- Advantages of flexible working
- Flexible working policy
- Types of flexible working
- Application for flexible working
- Considering flexible working requests
- Reaching a decision on a flexible working request
- Refusing a flexible working request
- Flexible working refusal: employee's appeal
- Flexible working: extensions to time limits and withdrawals
- Unresolved flexible working requests
- Flexible working: employee protection against dismissal and discrimination
- Promoting flexible working - Advanced Electronic Solutions (video)
- Introducing a four-day working week - Smiley Monroe
The right to request flexible working: eligibility criteria
Who qualifies for the right to make a flexible working request, and the types of flexible working requests.
Certain employees have the statutory right to make a flexible working request. To be eligible to make a flexible working request, a person must:
- be an employee
- have worked for you continuously for at least 26 weeks on the date they make their request
- not have made another statutory request during the past 12 months (unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995).
Further, employed agency workers returning to work from a period of parental leave also have the right to request flexible working.
The right to make a flexible working request is open to all those who meet the above eligibility requirements. It can be made for any reason, and it is not restricted to parents or carers.
The frequency of flexible working requests
Employees can make one application every 12 months unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.
The 12-month period runs from the date the most recent application was made.
Before making a subsequent request, the employee must still meet the eligibility criteria as outlined above.
Developed withAlso on this siteContent category
Source URL
/content/right-request-flexible-working-eligibility-criteria
Links
Advantages of flexible working
The advantages for your business when introducing a flexible working policy.
Introducing a flexible working policy can benefit your business as well as your employees.
Flexible working: business benefits
Many employers believe that promoting flexible working makes good business sense and brings the following improvements:
Cost effectiveness
Greater cost-effectiveness and efficiency, such as savings on overheads when employees work from home or less downtime for machinery when 24-hour shifts are worked.
Flexible operating hours
The chance to have extended operating hours or more flexible operating hours to meet the demands of global customers in different time zones.
Attract and retain staff
Ability to attract and retain a more diverse and higher-skilled workforce. Also, recruitment costs are reduced if your retention levels are higher.
Increased staff morale
More job satisfaction and better staff morale if hours are flexible to meet workers' commitments outside of work.
Reduced sickness levels
Reduced levels of sickness absence.
Better work-life balance
Greater continuity as staff, who might otherwise have left, are offered hours they can manage. Many employers find that a better work-life balance has a positive impact on staff retention, and on employee relations, motivation, and commitment. High rates of retention mean that you keep experienced staff who can often offer a better overall service.
Meet customer demands
Increased customer satisfaction and loyalty as a result of the above.
More agile business
Improved competitiveness, such as being able to react to changing market conditions more effectively.
Flexible working: benefits for employees
The main benefit of working flexibly for your employees is that it gives them the chance to fit other commitments and activities around work and make better use of their free time.
Flexible working can help you as an employer promote a healthy work-life balance for your staff.
Developed withActionsAlso on this siteContent category
Source URL
/content/advantages-flexible-working
Links
Flexible working policy
Considerations for employers when introducing a flexible working policy and example templates.
Introducing a flexible working policy
You should inform and consult your employees before you introduce a flexible working policy. This may help them understand how flexible working arrangements may impact your business.
When planning to implement a flexible working policy, you will need to consider the following:
- What flexible working arrangements will suit the business?
- What are the legal requirements?
- How will you deal with applications, eg, who will attend the meetings, and how will the administration work?
- Are there jobs that might be difficult to do under a flexible working arrangement, eg, jobs that don't suit homeworking?
- If there are, what is the nature of the obstacle, and can you perhaps overcome it?
- How flexible are your IT arrangements, eg, can employees access their email away from the workplace?
Flexible working policy templates
The Equality Commission for Northern Ireland has developed a model policy and procedure template for employers on handling requests for flexible working (PDF, 1.07MB) - you can download and personalise this to your business needs.
The Equality Commission for Northern Ireland also hosts free training courses on flexible working on a regular basis as part of its Employer Training Programme.
Find out how to set up employment policies for your business.
Also on this siteContent category
Source URL
/content/flexible-working-policy
Links
Types of flexible working
Different types of flexible working, such as part-time work, flexi-time, zero-hour contracts, and job sharing.
The term flexible working covers flexibility in terms of the hours that are worked and the location, and includes the following:
Flexible working: different types
Type of flexible work Explanation Annualised hours Employees' contracted hours are calculated over a year. While the majority of shifts are allocated, the remaining hours are kept in reserve so that workers can be called in at short notice as required. See minimum wage for different types of work - paid by the hour. Compressed working hours Employees can cover their standard working hours in fewer working days. See calculating holiday entitlement for atypical workers. Flexi-time Employees have the freedom to work in any way they choose outside a set core of hours determined by the employer. Part-time working Employees are contracted to work less than standard, basic, full-time hours. See options for part-time working. Job sharing One full-time job is split between two employees who agree on the hours between them. See introducing job-sharing. Remote or hybrid working Employees spend all or part of their working week from home or somewhere else away from the normal workplace. See employees working from home. Sabbatical/career break Employees are allowed to take an extended period of time off, either paid or unpaid. Self rostering Employees nominate the shifts they'd prefer, leaving you to compile shift patterns matching their individual preferences while covering all required shifts. Shift swapping Employees arrange shifts among themselves, provided all required shifts are covered. Shift working Work that takes place on a schedule outside the traditional 9am - 5pm working day. It can involve evening or night shifts, early morning shifts, and rotating shifts. Staggered hours Employees have different start, finish, and break times, allowing a business to open longer hours. Term-time working An employee remains on a permanent contract but can take paid/unpaid leave during school holidays. See considering requests to change working hours. Voluntary reduced work time Employees agree to reduce their hours for a fixed period with a guarantee of full-time work when this period ends.
Flexible arrangements must comply with the law on working time. See hours, rest breaks, and the working week.Developed withActionsAlso on this siteContent category
Source URL
/content/types-flexible-working
Links
Application for flexible working
Information an employee must provide when making a flexible working request.
An employee's application should set out their desired working pattern and how they think you can accommodate it.
Information that must be included in a flexible working application
For a flexible working application to be valid, it must:
- be dated and in writing
- state that it is being made under the statutory right to make a flexible working request
- specify the flexible working pattern applied for
- explain what effect the proposed change may have on your business and how you can deal with any such effect
- state the date on which they want the change to start
- be the only request made in the last 12 months
The employee should allow plenty of time between the date of the application and the date they expect the flexible working arrangement to start. This is to allow you time to look at their application and assess whether or not you can accommodate it.
See form FW (A): Flexible Working Application Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Flexible working differences between GB and NI
There are some significant differences between flexible working legislation in Great Britain and Northern Ireland. The LRA has summed up these differences in a short video.
View the LRA's video on the key differences in flexible working legislation.
Flexible working requests and the contract of employment
If you accept an employee's flexible working request, this will be a permanent change to their contractual terms and conditions unless you agree otherwise. See change an employee's terms of employment.
If you or the employee is concerned about this, you could either suggest that they work flexibly over a trial period or agree that the arrangement will be temporary.
Note that employees do not need to provide a reason for their application for flexible working.
Developed withAlso on this siteContent category
Source URL
/content/application-flexible-working
Links
Considering flexible working requests
Responding to an employee's flexible working request and arranging a meeting to discuss it.
You should acknowledge receipt of the employee's flexible working request in writing.
All statutory flexible working requests must be seriously considered with the aim of deciding whether your business can accommodate the requested work pattern.
Under the statutory procedure, you should hold a meeting with the employee to discuss their request. If you cannot accommodate the requested working pattern, you may still wish to explore alternatives to find a working pattern suitable for both.
You can also agree to a flexible working request simply on the basis of the application itself without the need for a meeting, but it would be good practice to meet with the employee to discuss any practical issues for implementation.
Incomplete flexible working application
If the application is incomplete, you can ask the employee to resubmit it and inform them that you do not have to consider the application until it is resubmitted.
If the employee refuses to provide you with the information needed, you can treat the application as withdrawn. The employee will not be able to make another application for another 12 months. See the right to request flexible working: eligibility criteria.
Meeting to discuss the flexible working application
You should arrange a meeting with the employee within 28 days of receiving their valid flexible working application. If it is difficult to arrange a meeting within this period, seek the employee's agreement to extend it.
Failure to hold a meeting within the 28-day period or any extension, without the employee's agreement, will be a breach of the procedure.
You should arrange the meeting at an appropriate time and place that is convenient for all.
The right to be accompanied
The employee has the right to be accompanied at the meeting by a single companion who is a worker employed by the same employer as the employee who chooses them.
The companion can address the meeting and confer with the employee during it, but may not answer questions on behalf of the employee.
If the companion is unable to attend the meeting, the employee must seek to rearrange the meeting. It should take place within seven days of the date of the original meeting.
You must pay both the employee and their companion for the time off from their normal working duties to attend the meeting.
What happens if the employee fails to attend the meeting?
If the employee is unable to attend the meeting, they should contact you as soon as possible to explain their absence and allow you to rearrange it for the next mutually convenient time.
If the employee fails to attend the meeting more than once without a reasonable explanation, you can treat their application as withdrawn, and you should write to them to confirm this.
Developed withActionsAlso on this siteContent category
Source URL
/content/considering-flexible-working-requests
Links
Reaching a decision on a flexible working request
Accepting and refusing an employee's request and trial periods.
You must notify an employee of your decision within 14 days of the meeting to discuss their flexible working request.
If you need more time to consider the request, you must agree to this with the employee.
If you cannot agree to the working pattern asked for, you can still try to reach an agreement with the employee on an alternative arrangement.
Accepting a flexible working request
If you accept an employee's flexible working request, you must write to them:
- detailing their new working pattern
- stating the date on which it will start
- ensuring that this notice is dated
- stating that the arrangement means a permanent change to the employee's terms and conditions of employment (unless agreed otherwise)
Flexible working trial periods
If you or the employee is not sure that the proposed flexible working pattern will work in practice, you could try a different working arrangement or consider a trial period for flexible working.
Trial periods can happen at two stages before a formal agreement is reached on the flexible working request:
- If you know that your employee will be applying, then you can agree to a trial period before they submit a formal written flexible working request. If you do this, the formal procedure will still be available to the employee in the future.
- If the employee makes a formal written application, you could agree to an extension of time for you to make a decision, and the trial period could happen before you reach a final agreement. In this case, the rest of the formal procedure would still be available to the employee.
Informal temporary flexible working arrangements
If you and the employee think that a statutory flexible working arrangement resulting in a permanent change to their contract of employment may not be the best solution, you could consider an informal temporary arrangement.
For example, this may be appropriate when the employee suddenly becomes the carer of an adult with a terminal illness, or they have to care for someone with a fluctuating condition like Parkinson's disease.
You should put any such agreement in writing.
Developed withActionsAlso on this siteContent category
Source URL
/content/reaching-decision-flexible-working-request
Links
Refusing a flexible working request
Reasons employers may refuse a flexible working request and how this must be communicated to the employee.
If you decide that you cannot accommodate any kind of flexible working for an employee, you must write to them:
- stating which of the listed business ground(s) apply as to why you cannot accept the request
- providing an explanation of why the business reasons apply in the circumstances
- setting out the appeal procedure
This written notice must be dated.
The business grounds for rejecting a flexible working request
You can only reject a flexible working request on a limited number of set grounds.
These are:
- planned structural changes
- burden of additional costs
- detrimental impact on quality
- inability to recruit additional staff
- detrimental impact on performance
- inability to reorganise work amongst existing staff
- detrimental effect on ability to meet customer demand
- insufficient work for the periods the employee proposes to work
Explaining your refusal of a flexible working request
In your written refusal of a flexible working request, you must explain why the business ground applies in the circumstances. If an employee understands why a business reason is relevant, they are more likely to accept the outcome and be satisfied that you have considered their application seriously - even if it isn't the outcome they wanted.
You do not have to go into a lot of detail, but you should include the key facts about why the business ground applies.
If you decide to reject a flexible working application based on incorrect facts, this will give the employee grounds to make a complaint to an industrial tribunal.
See form FW (C): Flexible Working Application Rejection Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/refusing-flexible-working-request
Links
Flexible working refusal: employee's appeal
How an employee should request an appeal if their flexible working request is refused and how an employer must deal with that request.
If an employee believes that you have not properly considered their flexible working request, they may want to appeal your decision to reject it.
Flexible working: employee's notice of appeal
The employee must make their appeal in writing within 14 days of receiving your written notice refusing their flexible working request - read more on reaching a decision on a flexible working request.
In the appeal notice, the employee must set out the grounds for making the appeal and ensure that the appeal is dated.
For example, an employee might appeal because they want to:
- challenge a fact you gave to explain why the business reason applies
- bring your attention to something you weren't aware of when you rejected the application, eg that another member of staff is now willing to cover the hours the employee no longer wishes to work
There are no restrictions on the grounds for appeal.
See form FW (D): Flexible Working Appeal Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Arranging an appeal meeting
You must arrange the appeal meeting within 14 days of receiving the employee's appeal notice with regard to their flexible working application.
A different manager should ideally hear this appeal, usually at a higher level, than the manager who made the initial decision to reject the flexible working request.
The principles on the right to be accompanied, payment for attending the meeting, and what happens if the employee fails to attend are the same as for the initial meeting - see considering flexible working requests.
Notifying an employee of your decision following the appeal meeting
You must inform the employee of the outcome of the flexible working request appeal in writing within 14 days after the date of the appeal meeting.
If you change your mind and choose to accept their flexible working request, this notification must:
- be dated
- include a description of the new working pattern
- state the date from which the new working pattern is to take effect
If you choose to uphold the decision to refuse the flexible working request, this notification must:
- be dated
- state the grounds for the decision - these must be in direct response to the employee's grounds for making the appeal
- explain why the grounds for refusal apply in the circumstances - your explanation should provide the kind of detail required in your explanation following the initial meeting.
This notice amounts to your final decision and ends the formal right to request a flexible working procedure.
See form FW (E): Flexible Working Appeal Reply Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-refusal-employees-appeal
Links
Flexible working: extensions to time limits and withdrawals
Extending the time limit to decide on a flexible working request.
There may be occasions where you need more time than the formal statutory procedure allows in order to reach your decision on an employee's request for flexible working.
There are also situations where you may treat the employee's application as withdrawn.
Extension of time limits to consider a flexible working request
There are two circumstances where the time limits for giving decisions and raising appeals on flexible working requests can be extended.
Through agreement by the employer and the employee
You might need to extend time limits where, for example, you need more time to consult with other staff or you agree to a trial period to check the suitability of the proposed flexible working arrangement.
The written record of the agreement must:
- be dated
- be sent to the employee
- specify what period the extension relates to
- specify the date on which the extension is to end
Through absence of the employer
An automatic extension applies where the individual who normally deals with the flexible working request is absent from work due to leave or illness. Where this is the case, the 28-day period within which a meeting shall be held to discuss a flexible working application commences on the day the individual returns to work, or 28 days after the application is made, whichever is the sooner.
There are no other circumstances where an automatic extension to any period applies.
See form FW (F): Extension of Time Limit in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Treating a flexible working application as withdrawn
There are three circumstances where you can treat an employee's application for flexible working as withdrawn:
1. The employee unreasonably refuses to provide the information you need to consider their application. You should confirm in writing the withdrawal of the application.
2. The employee twice fails to attend a meeting to discuss a request (or a meeting to discuss an appeal) without reasonable cause. You should confirm in writing the withdrawal of the application. However, you should be flexible where, on both occasions, the employee cannot attend due to unforeseen circumstances.
3. The employee decides to withdraw the application. They should notify you as soon as possible in writing. If you don't receive written notification, ask them to confirm their intention verbally and then confirm this in writing. The employee will not be eligible to make another application for 12 months.
In all circumstances, a written record must be made. See form FW(G): Notice of Withdrawal in the LRA's guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-extensions-time-limits-and-withdrawals
Links
Unresolved flexible working requests
What happens if you can't reach an agreement on flexible working using the statutory right-to-request procedure.
There may be occasions where an employee feels that their employer has not dealt with their flexible working application to their satisfaction.
Informal resolution
You should first try to sort out any problems with a flexible working application informally to discourage the employee from taking more formal action.
If an employee feels that the issue has not been resolved using informal methods, they may use your grievance procedure. Read more on handling grievances.
Third-party conciliation/mediation
If you cannot resolve the issue internally, you could try using an external third-party mediator or conciliator, eg Labour Relations Agency (LRA) or a union representative.
The LRA may offer to resolve the dispute through its Arbitration Scheme.
The LRA Arbitration Scheme
The LRA Arbitration Scheme provides an alternative to having a case heard by a tribunal to resolve an employment-related dispute (for example, claims relating to flexible working arrangements, unfair dismissal, breach of contract, or discrimination).
The scheme is quicker, confidential, non-legalistic, less formal and more cost-effective than a tribunal hearing.
Under the scheme, an arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
Find out more about the LRA Arbitration Scheme.
Early Conciliation
Anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the LRA and discuss the option of Early Conciliation. A claimant will not be able to proceed to the tribunal without at least considering this option.
Tribunal claims
Where all other methods have failed, the employee may feel that an industrial tribunal claim is necessary.
An employee may make a complaint to an industrial tribunal where either:
- your decision to reject a flexible working application was based on incorrect facts, although this issue should first be covered in the appeal meeting - see flexible working refusal: employee's appeal
- you didn't follow the procedure properly, eg you failed to hold the meeting to discuss the application within the timescale (where no extension had been agreed) or where you failed to provide a complete and proper explanation to the employee of your decision to refuse their request
An employee cannot make a complaint where they simply disagree with the business grounds you give.
The industrial tribunal does not have the power to question your business reasons, although it can examine the facts on which the business reason was based to see if they are factually correct. If a case is brought jointly with other legislation, eg the Sex Discrimination (Northern Ireland) Order 1976 or other discrimination legislation, an industrial tribunal may seek to examine how the request was considered.
Note that applications to tribunals have time limits. The LRA can provide information about tribunal time limits - contact the LRA.
Remedies and compensation
An industrial tribunal or LRA arbitration can order you to:
- pay an award to the employee
- reconsider an application by following the procedure correctly
The maximum level of compensation is eight weeks' pay, although there is a statutory cap on the amount of a week's pay.
There is a separate award of up to two weeks' pay where you failed to allow the employee to be accompanied at a meeting.
There may be an additional award of compensation if the employee is successful in a joint claim, eg, taken under Sex Discrimination legislation - as set out above.
Developed withActionsAlso on this siteContent category
Source URL
/content/unresolved-flexible-working-requests
Links
Flexible working: employee protection against dismissal and discrimination
An employee's protection against detrimental treatment and dismissal in relation to their flexible working request.
You must not subject an employee to a detriment or dismiss them for a reason relating to their flexible working request. In addition, you should note that rejecting a flexible working request could give rise to a discrimination claim.
Protection against detriment/dismissal for requesting flexible working
Employees are protected from suffering a detriment or being dismissed because:
- they have made an application to work flexibly
- they exercised a right under the flexible working request procedure
- they have made a complaint to an industrial tribunal in respect of their flexible working application
- they exercised their right to be accompanied at a meeting to discuss their request, or they accompanied another employee to such a meeting
A detriment is where you act in a way that results in unfair treatment of an employee because they did something protected by law, such as exercising a statutory employment right.
Dismissal means your termination of their employment, with or without notice, including redundancy selection and the non-renewal of a fixed-term contract. It could also include constructive dismissal, ie where the employee resigns believing you have substantially breached their contract of employment. Read more on dismissing employees.
Employees who suffer a detriment or are dismissed in these circumstances may make a complaint to an industrial tribunal.
Discrimination and flexible working requests
In some circumstances, rejecting an employee's flexible working request could open up the possibility of a claim for discrimination on grounds of sex, gender reassignment, marital status or civil partnership, race, religion or belief, political opinion, sexual orientation, disability, or age.
For example, if you reject the request of a woman returning from maternity leave to work part-time, this could be seen as indirect sex discrimination. This is on the grounds that a greater proportion of women than men have the main parental caring responsibility, and requiring the employee to work full time potentially puts her at a disadvantage compared with her male colleagues.
However, even if the employee is put at a disadvantage by your flexible working refusal, you can still justify your actions at a tribunal if you can show that they were a proportionate means of achieving a legitimate aim.
Read more on how to prevent discrimination and value diversity.
Part-time employee discrimination
You must not treat part-time employees less favourably in their contractual terms and conditions than comparable full-timers - unless you can objectively justify that treatment.
So, if you agree to a request to work fewer hours, bear in mind that the employee is still entitled to the same pay and benefits (on a pro-rata basis) and access to training and promotion opportunities.
Find out more about employing part-time workers.
Developed withActionsAlso on this siteContent category
Source URL
/content/flexible-working-employee-protection-against-dismissal-and-discrimination
Links
Flexible working: the law and best practice
Promoting flexible working - Advanced Electronic Solutions (video)
Paul Creighton, director of Advanced Electronic Solutions (AES), talks about how the company introduced and benefited from flexible working practices.
Advanced Electronic Solutions (AES) has been providing security products throughout the UK and Ireland since 2004. Based in Cookstown, Co. Tyrone, they provide and install a wide range of products and services, from wire-free alarms to CCTV and gate automation. Flexible working benefits both employees and the business by ensuring a happy and more productive workforce.
Here, director Paul Creighton talks about how the company introduced and benefited from flexible working practices.
Case StudyPaul CreightonContent category
Source URL
/content/promoting-flexible-working-advanced-electronic-solutions-video
Links
Flexible working: the law and best practice
Introducing a four-day working week - Smiley Monroe
How Lisburn-based employer Smiley Monroe introduced a four-day working week into their business.
Smiley Monroe is a manufacturer of customised endless conveyor belts, cut rubber, and plastic parts, supplying mobile equipment manufacturers in the crushing and screening sector. Smiley Monroe has three global production facilities and is headquartered in Lisburn with 128 employees.
Jayne Peters, Director of People and Culture at Smiley Monroe, explains how the company has adopted a four-day working week with all staff enjoying Friday off. She outlines how they have addressed challenges along the way and the benefits this has presented to the company and their staff.
Encouraging and acting on staff feedback
"At Smiley Monroe, we value feedback from our employees, and one of the mechanisms to gather ideas is through our engagement team, who meet regularly. This group comprises representatives from all areas of our business. They are responsible for planning employee events, communicating updates throughout our teams, and finding ways to develop and safeguard our company culture. A four-day working week is an example of an idea suggested during one of the engagement meetings."
"While it took some time to work out the practical aspects of how this would work for our business, we were keen to explore how a change in working patterns could help our employees achieve a better work-life balance without negatively impacting our customers. In a challenging labour market, we also identified that this could give us a competitive advantage when recruiting and retaining talent."
Addressing the challenges of a four-day working week
"We initially implemented a six-month trial period for a four-day working week. This approach was crucial to minimise potential inconvenience to our customers during its introduction. While planning, we made gradual adjustments to address possible adverse impacts of the new working pattern. For example, we reduced Friday deliveries as many customers had already adopted Friday as a shorter working day. By doing so, we could maintain production and not negatively affect our customer service."
"To streamline the transition to a four-day working week, we gradually implemented it across different teams. The customer support team was the last to adopt this new work schedule. We informed our customers about the future changes, and the feedback we received was overwhelmingly positive. Many customers showed interest in adopting this new work schedule within their operations."
"In taking a phased approach to reduce Friday working hours, we had already made changes to our delivery and export schedules. This strategy managed customer expectations and meant that when the four-day week finally came into effect, the change was minimal."
"An additional consideration included making efficiencies within our processes to maintain the same level of productivity in a shorter period. We made gradual changes to ensure that our operations remained unaffected."
"We considered how to ensure a four-day working week would positively impact our employee work-life balance. It was not an option for staff to condense their traditional five-day working week into four days, as this would have the opposite effect. It was important for staff to still find time between Monday and Thursday to fulfil family commitments and enjoy their hobbies."
Better employee work-life balance
"One of our central values is 'One Big Family' - meaning our employees' families are an extension of our business. Our decision to reduce the core working hours in all departments instead of just condensing them into four days is based on company values of a healthy work-life balance for all employees every day of the week."
"Some businesses choose a staggered approach to a four-day week, where different employees are off on different days, but the business stays open across the five days. However, we believe our approach and closing on a Friday allows our staff to switch off without the urge to check emails, for example."
"Overall, our current employees love the new working pattern. Whether to spend an extra day at home with their kids, carve out time for a hobby that has been side-lined, or even do volunteer work."
Competitive advantage in the jobs market
"The new four-day working pattern combined with an attractive benefits package and a positive company culture has been a competitive advantage when attracting talent. In today’s job market, employees want more than a competitive salary. Candidates are increasingly choosing employers who align with their values and ambitions."
Success of our four-day working week
"We opted to reduce the core working hours, with no reduction in salary. Again, the motivation here was to maintain high levels of employee satisfaction and ensure they could fully enjoy the benefits of a shorter working week. We are pleased with the positive reception of the new four-day working week by staff, customers, and suppliers. Since its introduction, we have found employees to be more motivated to get the job done more efficiently."
“We have been able to measure the success of our four-day working week through the positive customer and employee feedback we have received. We have identified that tasks are being completed within expected timeframes while maintaining operational efficiency levels since the introduction of the four-day week. We will continue to monitor the success of our new way of working through employee engagement surveys.”
Also on this siteCase StudyJayne PetersContent category
Source URL
/content/introducing-four-day-working-week-smiley-monroe
Links
Types of flexible working
In this guide:
- Flexible working: the law and best practice
- The right to request flexible working: eligibility criteria
- Advantages of flexible working
- Flexible working policy
- Types of flexible working
- Application for flexible working
- Considering flexible working requests
- Reaching a decision on a flexible working request
- Refusing a flexible working request
- Flexible working refusal: employee's appeal
- Flexible working: extensions to time limits and withdrawals
- Unresolved flexible working requests
- Flexible working: employee protection against dismissal and discrimination
- Promoting flexible working - Advanced Electronic Solutions (video)
- Introducing a four-day working week - Smiley Monroe
The right to request flexible working: eligibility criteria
Who qualifies for the right to make a flexible working request, and the types of flexible working requests.
Certain employees have the statutory right to make a flexible working request. To be eligible to make a flexible working request, a person must:
- be an employee
- have worked for you continuously for at least 26 weeks on the date they make their request
- not have made another statutory request during the past 12 months (unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995).
Further, employed agency workers returning to work from a period of parental leave also have the right to request flexible working.
The right to make a flexible working request is open to all those who meet the above eligibility requirements. It can be made for any reason, and it is not restricted to parents or carers.
The frequency of flexible working requests
Employees can make one application every 12 months unless it relates to a request to consider reasonable adjustments on account of disability under the Disability Discrimination Act 1995.
The 12-month period runs from the date the most recent application was made.
Before making a subsequent request, the employee must still meet the eligibility criteria as outlined above.
Developed withAlso on this siteContent category
Source URL
/content/right-request-flexible-working-eligibility-criteria
Links
Advantages of flexible working
The advantages for your business when introducing a flexible working policy.
Introducing a flexible working policy can benefit your business as well as your employees.
Flexible working: business benefits
Many employers believe that promoting flexible working makes good business sense and brings the following improvements:
Cost effectiveness
Greater cost-effectiveness and efficiency, such as savings on overheads when employees work from home or less downtime for machinery when 24-hour shifts are worked.
Flexible operating hours
The chance to have extended operating hours or more flexible operating hours to meet the demands of global customers in different time zones.
Attract and retain staff
Ability to attract and retain a more diverse and higher-skilled workforce. Also, recruitment costs are reduced if your retention levels are higher.
Increased staff morale
More job satisfaction and better staff morale if hours are flexible to meet workers' commitments outside of work.
Reduced sickness levels
Reduced levels of sickness absence.
Better work-life balance
Greater continuity as staff, who might otherwise have left, are offered hours they can manage. Many employers find that a better work-life balance has a positive impact on staff retention, and on employee relations, motivation, and commitment. High rates of retention mean that you keep experienced staff who can often offer a better overall service.
Meet customer demands
Increased customer satisfaction and loyalty as a result of the above.
More agile business
Improved competitiveness, such as being able to react to changing market conditions more effectively.
Flexible working: benefits for employees
The main benefit of working flexibly for your employees is that it gives them the chance to fit other commitments and activities around work and make better use of their free time.
Flexible working can help you as an employer promote a healthy work-life balance for your staff.
Developed withActionsAlso on this siteContent category
Source URL
/content/advantages-flexible-working
Links
Flexible working policy
Considerations for employers when introducing a flexible working policy and example templates.
Introducing a flexible working policy
You should inform and consult your employees before you introduce a flexible working policy. This may help them understand how flexible working arrangements may impact your business.
When planning to implement a flexible working policy, you will need to consider the following:
- What flexible working arrangements will suit the business?
- What are the legal requirements?
- How will you deal with applications, eg, who will attend the meetings, and how will the administration work?
- Are there jobs that might be difficult to do under a flexible working arrangement, eg, jobs that don't suit homeworking?
- If there are, what is the nature of the obstacle, and can you perhaps overcome it?
- How flexible are your IT arrangements, eg, can employees access their email away from the workplace?
Flexible working policy templates
The Equality Commission for Northern Ireland has developed a model policy and procedure template for employers on handling requests for flexible working (PDF, 1.07MB) - you can download and personalise this to your business needs.
The Equality Commission for Northern Ireland also hosts free training courses on flexible working on a regular basis as part of its Employer Training Programme.
Find out how to set up employment policies for your business.
Also on this siteContent category
Source URL
/content/flexible-working-policy
Links
Types of flexible working
Different types of flexible working, such as part-time work, flexi-time, zero-hour contracts, and job sharing.
The term flexible working covers flexibility in terms of the hours that are worked and the location, and includes the following:
Flexible working: different types
Type of flexible work Explanation Annualised hours Employees' contracted hours are calculated over a year. While the majority of shifts are allocated, the remaining hours are kept in reserve so that workers can be called in at short notice as required. See minimum wage for different types of work - paid by the hour. Compressed working hours Employees can cover their standard working hours in fewer working days. See calculating holiday entitlement for atypical workers. Flexi-time Employees have the freedom to work in any way they choose outside a set core of hours determined by the employer. Part-time working Employees are contracted to work less than standard, basic, full-time hours. See options for part-time working. Job sharing One full-time job is split between two employees who agree on the hours between them. See introducing job-sharing. Remote or hybrid working Employees spend all or part of their working week from home or somewhere else away from the normal workplace. See employees working from home. Sabbatical/career break Employees are allowed to take an extended period of time off, either paid or unpaid. Self rostering Employees nominate the shifts they'd prefer, leaving you to compile shift patterns matching their individual preferences while covering all required shifts. Shift swapping Employees arrange shifts among themselves, provided all required shifts are covered. Shift working Work that takes place on a schedule outside the traditional 9am - 5pm working day. It can involve evening or night shifts, early morning shifts, and rotating shifts. Staggered hours Employees have different start, finish, and break times, allowing a business to open longer hours. Term-time working An employee remains on a permanent contract but can take paid/unpaid leave during school holidays. See considering requests to change working hours. Voluntary reduced work time Employees agree to reduce their hours for a fixed period with a guarantee of full-time work when this period ends.
Flexible arrangements must comply with the law on working time. See hours, rest breaks, and the working week.Developed withActionsAlso on this siteContent category
Source URL
/content/types-flexible-working
Links
Application for flexible working
Information an employee must provide when making a flexible working request.
An employee's application should set out their desired working pattern and how they think you can accommodate it.
Information that must be included in a flexible working application
For a flexible working application to be valid, it must:
- be dated and in writing
- state that it is being made under the statutory right to make a flexible working request
- specify the flexible working pattern applied for
- explain what effect the proposed change may have on your business and how you can deal with any such effect
- state the date on which they want the change to start
- be the only request made in the last 12 months
The employee should allow plenty of time between the date of the application and the date they expect the flexible working arrangement to start. This is to allow you time to look at their application and assess whether or not you can accommodate it.
See form FW (A): Flexible Working Application Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Flexible working differences between GB and NI
There are some significant differences between flexible working legislation in Great Britain and Northern Ireland. The LRA has summed up these differences in a short video.
View the LRA's video on the key differences in flexible working legislation.
Flexible working requests and the contract of employment
If you accept an employee's flexible working request, this will be a permanent change to their contractual terms and conditions unless you agree otherwise. See change an employee's terms of employment.
If you or the employee is concerned about this, you could either suggest that they work flexibly over a trial period or agree that the arrangement will be temporary.
Note that employees do not need to provide a reason for their application for flexible working.
Developed withAlso on this siteContent category
Source URL
/content/application-flexible-working
Links
Considering flexible working requests
Responding to an employee's flexible working request and arranging a meeting to discuss it.
You should acknowledge receipt of the employee's flexible working request in writing.
All statutory flexible working requests must be seriously considered with the aim of deciding whether your business can accommodate the requested work pattern.
Under the statutory procedure, you should hold a meeting with the employee to discuss their request. If you cannot accommodate the requested working pattern, you may still wish to explore alternatives to find a working pattern suitable for both.
You can also agree to a flexible working request simply on the basis of the application itself without the need for a meeting, but it would be good practice to meet with the employee to discuss any practical issues for implementation.
Incomplete flexible working application
If the application is incomplete, you can ask the employee to resubmit it and inform them that you do not have to consider the application until it is resubmitted.
If the employee refuses to provide you with the information needed, you can treat the application as withdrawn. The employee will not be able to make another application for another 12 months. See the right to request flexible working: eligibility criteria.
Meeting to discuss the flexible working application
You should arrange a meeting with the employee within 28 days of receiving their valid flexible working application. If it is difficult to arrange a meeting within this period, seek the employee's agreement to extend it.
Failure to hold a meeting within the 28-day period or any extension, without the employee's agreement, will be a breach of the procedure.
You should arrange the meeting at an appropriate time and place that is convenient for all.
The right to be accompanied
The employee has the right to be accompanied at the meeting by a single companion who is a worker employed by the same employer as the employee who chooses them.
The companion can address the meeting and confer with the employee during it, but may not answer questions on behalf of the employee.
If the companion is unable to attend the meeting, the employee must seek to rearrange the meeting. It should take place within seven days of the date of the original meeting.
You must pay both the employee and their companion for the time off from their normal working duties to attend the meeting.
What happens if the employee fails to attend the meeting?
If the employee is unable to attend the meeting, they should contact you as soon as possible to explain their absence and allow you to rearrange it for the next mutually convenient time.
If the employee fails to attend the meeting more than once without a reasonable explanation, you can treat their application as withdrawn, and you should write to them to confirm this.
Developed withActionsAlso on this siteContent category
Source URL
/content/considering-flexible-working-requests
Links
Reaching a decision on a flexible working request
Accepting and refusing an employee's request and trial periods.
You must notify an employee of your decision within 14 days of the meeting to discuss their flexible working request.
If you need more time to consider the request, you must agree to this with the employee.
If you cannot agree to the working pattern asked for, you can still try to reach an agreement with the employee on an alternative arrangement.
Accepting a flexible working request
If you accept an employee's flexible working request, you must write to them:
- detailing their new working pattern
- stating the date on which it will start
- ensuring that this notice is dated
- stating that the arrangement means a permanent change to the employee's terms and conditions of employment (unless agreed otherwise)
Flexible working trial periods
If you or the employee is not sure that the proposed flexible working pattern will work in practice, you could try a different working arrangement or consider a trial period for flexible working.
Trial periods can happen at two stages before a formal agreement is reached on the flexible working request:
- If you know that your employee will be applying, then you can agree to a trial period before they submit a formal written flexible working request. If you do this, the formal procedure will still be available to the employee in the future.
- If the employee makes a formal written application, you could agree to an extension of time for you to make a decision, and the trial period could happen before you reach a final agreement. In this case, the rest of the formal procedure would still be available to the employee.
Informal temporary flexible working arrangements
If you and the employee think that a statutory flexible working arrangement resulting in a permanent change to their contract of employment may not be the best solution, you could consider an informal temporary arrangement.
For example, this may be appropriate when the employee suddenly becomes the carer of an adult with a terminal illness, or they have to care for someone with a fluctuating condition like Parkinson's disease.
You should put any such agreement in writing.
Developed withActionsAlso on this siteContent category
Source URL
/content/reaching-decision-flexible-working-request
Links
Refusing a flexible working request
Reasons employers may refuse a flexible working request and how this must be communicated to the employee.
If you decide that you cannot accommodate any kind of flexible working for an employee, you must write to them:
- stating which of the listed business ground(s) apply as to why you cannot accept the request
- providing an explanation of why the business reasons apply in the circumstances
- setting out the appeal procedure
This written notice must be dated.
The business grounds for rejecting a flexible working request
You can only reject a flexible working request on a limited number of set grounds.
These are:
- planned structural changes
- burden of additional costs
- detrimental impact on quality
- inability to recruit additional staff
- detrimental impact on performance
- inability to reorganise work amongst existing staff
- detrimental effect on ability to meet customer demand
- insufficient work for the periods the employee proposes to work
Explaining your refusal of a flexible working request
In your written refusal of a flexible working request, you must explain why the business ground applies in the circumstances. If an employee understands why a business reason is relevant, they are more likely to accept the outcome and be satisfied that you have considered their application seriously - even if it isn't the outcome they wanted.
You do not have to go into a lot of detail, but you should include the key facts about why the business ground applies.
If you decide to reject a flexible working application based on incorrect facts, this will give the employee grounds to make a complaint to an industrial tribunal.
See form FW (C): Flexible Working Application Rejection Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/refusing-flexible-working-request
Links
Flexible working refusal: employee's appeal
How an employee should request an appeal if their flexible working request is refused and how an employer must deal with that request.
If an employee believes that you have not properly considered their flexible working request, they may want to appeal your decision to reject it.
Flexible working: employee's notice of appeal
The employee must make their appeal in writing within 14 days of receiving your written notice refusing their flexible working request - read more on reaching a decision on a flexible working request.
In the appeal notice, the employee must set out the grounds for making the appeal and ensure that the appeal is dated.
For example, an employee might appeal because they want to:
- challenge a fact you gave to explain why the business reason applies
- bring your attention to something you weren't aware of when you rejected the application, eg that another member of staff is now willing to cover the hours the employee no longer wishes to work
There are no restrictions on the grounds for appeal.
See form FW (D): Flexible Working Appeal Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Arranging an appeal meeting
You must arrange the appeal meeting within 14 days of receiving the employee's appeal notice with regard to their flexible working application.
A different manager should ideally hear this appeal, usually at a higher level, than the manager who made the initial decision to reject the flexible working request.
The principles on the right to be accompanied, payment for attending the meeting, and what happens if the employee fails to attend are the same as for the initial meeting - see considering flexible working requests.
Notifying an employee of your decision following the appeal meeting
You must inform the employee of the outcome of the flexible working request appeal in writing within 14 days after the date of the appeal meeting.
If you change your mind and choose to accept their flexible working request, this notification must:
- be dated
- include a description of the new working pattern
- state the date from which the new working pattern is to take effect
If you choose to uphold the decision to refuse the flexible working request, this notification must:
- be dated
- state the grounds for the decision - these must be in direct response to the employee's grounds for making the appeal
- explain why the grounds for refusal apply in the circumstances - your explanation should provide the kind of detail required in your explanation following the initial meeting.
This notice amounts to your final decision and ends the formal right to request a flexible working procedure.
See form FW (E): Flexible Working Appeal Reply Form in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-refusal-employees-appeal
Links
Flexible working: extensions to time limits and withdrawals
Extending the time limit to decide on a flexible working request.
There may be occasions where you need more time than the formal statutory procedure allows in order to reach your decision on an employee's request for flexible working.
There are also situations where you may treat the employee's application as withdrawn.
Extension of time limits to consider a flexible working request
There are two circumstances where the time limits for giving decisions and raising appeals on flexible working requests can be extended.
Through agreement by the employer and the employee
You might need to extend time limits where, for example, you need more time to consult with other staff or you agree to a trial period to check the suitability of the proposed flexible working arrangement.
The written record of the agreement must:
- be dated
- be sent to the employee
- specify what period the extension relates to
- specify the date on which the extension is to end
Through absence of the employer
An automatic extension applies where the individual who normally deals with the flexible working request is absent from work due to leave or illness. Where this is the case, the 28-day period within which a meeting shall be held to discuss a flexible working application commences on the day the individual returns to work, or 28 days after the application is made, whichever is the sooner.
There are no other circumstances where an automatic extension to any period applies.
See form FW (F): Extension of Time Limit in the Labour Relations Agency's (LRA) guidance and templates on flexible working: the right to request and duty to consider.
Treating a flexible working application as withdrawn
There are three circumstances where you can treat an employee's application for flexible working as withdrawn:
1. The employee unreasonably refuses to provide the information you need to consider their application. You should confirm in writing the withdrawal of the application.
2. The employee twice fails to attend a meeting to discuss a request (or a meeting to discuss an appeal) without reasonable cause. You should confirm in writing the withdrawal of the application. However, you should be flexible where, on both occasions, the employee cannot attend due to unforeseen circumstances.
3. The employee decides to withdraw the application. They should notify you as soon as possible in writing. If you don't receive written notification, ask them to confirm their intention verbally and then confirm this in writing. The employee will not be eligible to make another application for 12 months.
In all circumstances, a written record must be made. See form FW(G): Notice of Withdrawal in the LRA's guidance and templates on flexible working: the right to request and duty to consider.
Developed withAlso on this siteContent category
Source URL
/content/flexible-working-extensions-time-limits-and-withdrawals
Links
Unresolved flexible working requests
What happens if you can't reach an agreement on flexible working using the statutory right-to-request procedure.
There may be occasions where an employee feels that their employer has not dealt with their flexible working application to their satisfaction.
Informal resolution
You should first try to sort out any problems with a flexible working application informally to discourage the employee from taking more formal action.
If an employee feels that the issue has not been resolved using informal methods, they may use your grievance procedure. Read more on handling grievances.
Third-party conciliation/mediation
If you cannot resolve the issue internally, you could try using an external third-party mediator or conciliator, eg Labour Relations Agency (LRA) or a union representative.
The LRA may offer to resolve the dispute through its Arbitration Scheme.
The LRA Arbitration Scheme
The LRA Arbitration Scheme provides an alternative to having a case heard by a tribunal to resolve an employment-related dispute (for example, claims relating to flexible working arrangements, unfair dismissal, breach of contract, or discrimination).
The scheme is quicker, confidential, non-legalistic, less formal and more cost-effective than a tribunal hearing.
Under the scheme, an arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
Find out more about the LRA Arbitration Scheme.
Early Conciliation
Anyone who wishes to lodge a claim with the Industrial or Fair Employment Tribunal must first notify the LRA and discuss the option of Early Conciliation. A claimant will not be able to proceed to the tribunal without at least considering this option.
Tribunal claims
Where all other methods have failed, the employee may feel that an industrial tribunal claim is necessary.
An employee may make a complaint to an industrial tribunal where either:
- your decision to reject a flexible working application was based on incorrect facts, although this issue should first be covered in the appeal meeting - see flexible working refusal: employee's appeal
- you didn't follow the procedure properly, eg you failed to hold the meeting to discuss the application within the timescale (where no extension had been agreed) or where you failed to provide a complete and proper explanation to the employee of your decision to refuse their request
An employee cannot make a complaint where they simply disagree with the business grounds you give.
The industrial tribunal does not have the power to question your business reasons, although it can examine the facts on which the business reason was based to see if they are factually correct. If a case is brought jointly with other legislation, eg the Sex Discrimination (Northern Ireland) Order 1976 or other discrimination legislation, an industrial tribunal may seek to examine how the request was considered.
Note that applications to tribunals have time limits. The LRA can provide information about tribunal time limits - contact the LRA.
Remedies and compensation
An industrial tribunal or LRA arbitration can order you to:
- pay an award to the employee
- reconsider an application by following the procedure correctly
The maximum level of compensation is eight weeks' pay, although there is a statutory cap on the amount of a week's pay.
There is a separate award of up to two weeks' pay where you failed to allow the employee to be accompanied at a meeting.
There may be an additional award of compensation if the employee is successful in a joint claim, eg, taken under Sex Discrimination legislation - as set out above.
Developed withActionsAlso on this siteContent category
Source URL
/content/unresolved-flexible-working-requests
Links
Flexible working: employee protection against dismissal and discrimination
An employee's protection against detrimental treatment and dismissal in relation to their flexible working request.
You must not subject an employee to a detriment or dismiss them for a reason relating to their flexible working request. In addition, you should note that rejecting a flexible working request could give rise to a discrimination claim.
Protection against detriment/dismissal for requesting flexible working
Employees are protected from suffering a detriment or being dismissed because:
- they have made an application to work flexibly
- they exercised a right under the flexible working request procedure
- they have made a complaint to an industrial tribunal in respect of their flexible working application
- they exercised their right to be accompanied at a meeting to discuss their request, or they accompanied another employee to such a meeting
A detriment is where you act in a way that results in unfair treatment of an employee because they did something protected by law, such as exercising a statutory employment right.
Dismissal means your termination of their employment, with or without notice, including redundancy selection and the non-renewal of a fixed-term contract. It could also include constructive dismissal, ie where the employee resigns believing you have substantially breached their contract of employment. Read more on dismissing employees.
Employees who suffer a detriment or are dismissed in these circumstances may make a complaint to an industrial tribunal.
Discrimination and flexible working requests
In some circumstances, rejecting an employee's flexible working request could open up the possibility of a claim for discrimination on grounds of sex, gender reassignment, marital status or civil partnership, race, religion or belief, political opinion, sexual orientation, disability, or age.
For example, if you reject the request of a woman returning from maternity leave to work part-time, this could be seen as indirect sex discrimination. This is on the grounds that a greater proportion of women than men have the main parental caring responsibility, and requiring the employee to work full time potentially puts her at a disadvantage compared with her male colleagues.
However, even if the employee is put at a disadvantage by your flexible working refusal, you can still justify your actions at a tribunal if you can show that they were a proportionate means of achieving a legitimate aim.
Read more on how to prevent discrimination and value diversity.
Part-time employee discrimination
You must not treat part-time employees less favourably in their contractual terms and conditions than comparable full-timers - unless you can objectively justify that treatment.
So, if you agree to a request to work fewer hours, bear in mind that the employee is still entitled to the same pay and benefits (on a pro-rata basis) and access to training and promotion opportunities.
Find out more about employing part-time workers.
Developed withActionsAlso on this siteContent category
Source URL
/content/flexible-working-employee-protection-against-dismissal-and-discrimination
Links
Flexible working: the law and best practice
Promoting flexible working - Advanced Electronic Solutions (video)
Paul Creighton, director of Advanced Electronic Solutions (AES), talks about how the company introduced and benefited from flexible working practices.
Advanced Electronic Solutions (AES) has been providing security products throughout the UK and Ireland since 2004. Based in Cookstown, Co. Tyrone, they provide and install a wide range of products and services, from wire-free alarms to CCTV and gate automation. Flexible working benefits both employees and the business by ensuring a happy and more productive workforce.
Here, director Paul Creighton talks about how the company introduced and benefited from flexible working practices.
Case StudyPaul CreightonContent category
Source URL
/content/promoting-flexible-working-advanced-electronic-solutions-video
Links
Flexible working: the law and best practice
Introducing a four-day working week - Smiley Monroe
How Lisburn-based employer Smiley Monroe introduced a four-day working week into their business.
Smiley Monroe is a manufacturer of customised endless conveyor belts, cut rubber, and plastic parts, supplying mobile equipment manufacturers in the crushing and screening sector. Smiley Monroe has three global production facilities and is headquartered in Lisburn with 128 employees.
Jayne Peters, Director of People and Culture at Smiley Monroe, explains how the company has adopted a four-day working week with all staff enjoying Friday off. She outlines how they have addressed challenges along the way and the benefits this has presented to the company and their staff.
Encouraging and acting on staff feedback
"At Smiley Monroe, we value feedback from our employees, and one of the mechanisms to gather ideas is through our engagement team, who meet regularly. This group comprises representatives from all areas of our business. They are responsible for planning employee events, communicating updates throughout our teams, and finding ways to develop and safeguard our company culture. A four-day working week is an example of an idea suggested during one of the engagement meetings."
"While it took some time to work out the practical aspects of how this would work for our business, we were keen to explore how a change in working patterns could help our employees achieve a better work-life balance without negatively impacting our customers. In a challenging labour market, we also identified that this could give us a competitive advantage when recruiting and retaining talent."
Addressing the challenges of a four-day working week
"We initially implemented a six-month trial period for a four-day working week. This approach was crucial to minimise potential inconvenience to our customers during its introduction. While planning, we made gradual adjustments to address possible adverse impacts of the new working pattern. For example, we reduced Friday deliveries as many customers had already adopted Friday as a shorter working day. By doing so, we could maintain production and not negatively affect our customer service."
"To streamline the transition to a four-day working week, we gradually implemented it across different teams. The customer support team was the last to adopt this new work schedule. We informed our customers about the future changes, and the feedback we received was overwhelmingly positive. Many customers showed interest in adopting this new work schedule within their operations."
"In taking a phased approach to reduce Friday working hours, we had already made changes to our delivery and export schedules. This strategy managed customer expectations and meant that when the four-day week finally came into effect, the change was minimal."
"An additional consideration included making efficiencies within our processes to maintain the same level of productivity in a shorter period. We made gradual changes to ensure that our operations remained unaffected."
"We considered how to ensure a four-day working week would positively impact our employee work-life balance. It was not an option for staff to condense their traditional five-day working week into four days, as this would have the opposite effect. It was important for staff to still find time between Monday and Thursday to fulfil family commitments and enjoy their hobbies."
Better employee work-life balance
"One of our central values is 'One Big Family' - meaning our employees' families are an extension of our business. Our decision to reduce the core working hours in all departments instead of just condensing them into four days is based on company values of a healthy work-life balance for all employees every day of the week."
"Some businesses choose a staggered approach to a four-day week, where different employees are off on different days, but the business stays open across the five days. However, we believe our approach and closing on a Friday allows our staff to switch off without the urge to check emails, for example."
"Overall, our current employees love the new working pattern. Whether to spend an extra day at home with their kids, carve out time for a hobby that has been side-lined, or even do volunteer work."
Competitive advantage in the jobs market
"The new four-day working pattern combined with an attractive benefits package and a positive company culture has been a competitive advantage when attracting talent. In today’s job market, employees want more than a competitive salary. Candidates are increasingly choosing employers who align with their values and ambitions."
Success of our four-day working week
"We opted to reduce the core working hours, with no reduction in salary. Again, the motivation here was to maintain high levels of employee satisfaction and ensure they could fully enjoy the benefits of a shorter working week. We are pleased with the positive reception of the new four-day working week by staff, customers, and suppliers. Since its introduction, we have found employees to be more motivated to get the job done more efficiently."
“We have been able to measure the success of our four-day working week through the positive customer and employee feedback we have received. We have identified that tasks are being completed within expected timeframes while maintaining operational efficiency levels since the introduction of the four-day week. We will continue to monitor the success of our new way of working through employee engagement surveys.”
Also on this siteCase StudyJayne PetersContent category
Source URL
/content/introducing-four-day-working-week-smiley-monroe
Links
Advantages of communications and consultation training in successful business
In this guide:
- Inform and consult your employees
- Advantages of good employee communication
- Legal requirements for communicating with employees
- Consulting your employees
- The Information and Consultation of Employees Regulations (Northern Ireland) 2005
- ICE Regulations: pre-existing agreements and fall-back provisions
- ICE Regulations: enforcement, protections and confidential information
- Transnational Information and Consultation of Employees (TICE) Regulations 1999
- European Works Councils
- Informing and consulting employees - best practice
- How to achieve good communication between employer and employees
- Examples of good information and consultation in practice
- Advantages of communications and consultation training in successful business
Advantages of good employee communication
Benefits of communicating effectively with your employees.
Communicating with your employees is central to managing your workforce. Poor communication can result in misunderstandings and mistrust.
Benefits of good staff communication
Introducing proper procedures for informing and consulting with your employees can take time and money but you will benefit from improved products, productivity, and competitiveness.
Other benefits of effective consultation and information-sharing include:
- improved employee commitment and job satisfaction, particularly if employees understand what the business is trying to achieve and the effect of their contribution
- increased morale leading to lower turnover of employees and reduced recruitment and training costs
- better employee performance, if they understand targets and deadlines and receive proper feedback
- provision of accurate information or guidance, which helps avoid misunderstandings, eg on health and safety policies, business performance, staff changes, and job structures
- improved management decision-making, due in part to feedback from employees
- improved management/employee relations
- improved exchange of ideas
- consistent approach and strategy across the business
If employees are given inadequate or unclear instructions, they could act in breach of regulations without meaning to. Lack of basic information can also be a breach of workers' rights. See legal requirements for communicating with employees.
Developed withAlso on this siteContent category
Source URL
/content/advantages-good-employee-communication
Links
Legal requirements for communicating with employees
Understand your legal requirements for communicating with employees.
As an employer, you are required to inform and consult employees in certain circumstances. See consulting your employees.
You must inform employees of:
-
The main terms and conditions of employment in written form - see the employment contract. This must be provided within two months of an employee commencing employment.
- Any changes in the terms and conditions of employment.
- The reason in writing for dismissing them (for employees with 12 or more months' service). This is only necessary if they request it - unless they are a woman who is dismissed while pregnant or on maternity leave, or statutory adoption leave when in these cases 12 months of service is not required. It can be wise to provide this even to employees who haven't completed 12 months of employment as this clarity of communication can avoid potential misunderstandings and unnecessary claims. Such consideration, even though is not required, is good practice.
- Certain matters when your business is involved, eg in the transfer of an undertaking - see responsibilities to employees if you buy or sell a business.
Collective bargaining
You must give recognised trade unions the information they require for collective bargaining. For more information on recognising trade unions and collective bargaining, see recognising and derecognising a trade union.
Read the Labour Rrelations Agency's guidance on disclosure of information to trade unions for collective bargaining purposes.
You are also required by law to:
- provide employees with an itemised pay slip whenever you pay them
- communicate in writing if asking shop workers or betting workers in Northern Ireland to work on a Sunday - see Sunday working and night working
- consult your employees or their representatives when considering collective redundancies, business transfer or changes to pensions
Regulations give employees of businesses and organisations employing 50 or more employees the right to be informed and consulted on issues affecting them and the business they work for. See legal requirements for informing and consulting employees.
Smaller employers should agree and create formal procedures for informing and consulting with employees, in the interests of good employment relations. See informing and consulting - ways and means and examples of good information and consultation in practice.
Developed withAlso on this siteContent category
Source URL
/content/legal-requirements-communicating-employees
Links
-
Consulting your employees
Consultation that is required by law and voluntary consultation.
Consultation involves managers and business owners seeking and taking into account the views of employees before making a decision. You are required by law to consult with employees, their representatives, or recognised trade unions on:
- health and safety issues
- changes to the contract of employment
- redundancies
- undertakings or transfers, ie the business is to be sold or part of it is to be contracted out, or the contractor is to be replaced by another
- changes to pension schemes
- training policies, progress, and plans - if the Industrial Court has imposed a bargaining method in the statutory trade union recognition process - see recognising and derecognising a trade union
You must use the appropriate consultation method depending on the circumstances, eg through individual employee consultation, employee representatives, joint consultative committees/works councils, joint working parties, or trade unions/collective bargaining units.
If your business or organisation employs more than 50 employees, your employees can require that you negotiate arrangements to inform or consult them on issues that may affect them and the business. See legal requirements for informing and consulting employees.
Voluntary consultation
Your business may benefit from consulting employees on a regular basis and making staff aware of ways they can contribute ideas and raise concerns. You do not need to have complex structures for consultation - often ad hoc groups can work better. See legal requirements for consulting and informing employees.
For effective consultation, you should consider:
- seeking and considering the views of affected employees
- explaining final decisions - particularly when employees' views are rejected
- giving credit and recognition to those who provide information which improves a decision
- ensuring that the issues for consultation are relevant to the group of employees discussing them
- making the outcome of the meeting or decisions available to everyone
Effective consultation can help avoid minor issues and petty grievances. It is also good for employee morale and their role commitment and dedication to the business aims.
Developed withAlso on this siteContent category
Source URL
/content/consulting-your-employees
Links
The Information and Consultation of Employees Regulations (Northern Ireland) 2005
How the ICE Regulations work, including pre-existing agreements and the fall-back provisions.
Under the Information and Consultation of Employees Regulations (Northern Ireland) 2005, if you have 50 or more employees, your employees can request that you set up arrangements to inform and consult them. When a valid employee request is made, you are obliged to negotiate the details of an information and consultation (I&C) agreement with representatives of your employees, unless there is a valid pre-existing agreement in place and you have held a ballot for which employees have supported the pre-existing agreement.
For more information, see legal requirements for communicating with employees.
What is a valid employee request?
If 10% of your employees request that you set up an I&C agreement, you are obliged to do so. That 10% is subject to a minimum of 15 and a maximum of 2,500 employees.
To calculate the size of your workforce, you should calculate the average number of employees in your business over the past 12 months. You can count part-time employees working under a contract of 75 hours or less a month as half of one employee for this calculation.
For an employee request to be valid, it must:
- be in writing
- be dated
- state the names of the employees making the request
If your employees wish to remain anonymous, they may submit a request to the Industrial Court who will inform you that a valid request has been received.
It is possible for a valid request to be made up of a number of requests from different employees over a rolling six-month period - if this achieves the 10% threshold.
Negotiating an I&C agreement
If you receive a valid employee request, you will need to make arrangements to begin negotiating an I&C agreement as soon as is reasonably practicable. You will need to arrange for your employees to elect or appoint a body of representatives to negotiate the agreement with you.
The names of the negotiating representatives must be set out in writing once this has been done.
You will have six months to negotiate the agreement, starting three months from the date that you received the employee request. If you and the employees' representatives agree, you can extend this period indefinitely.
A negotiated agreement must cover all of the employees in the undertaking, so it is advisable to word the agreement in such a way that new employees would be automatically covered. It is also advisable to include a provision stating how a restructuring will be dealt with, for example in terms of any changes to the number and identity of employee representatives.
If you fail to reach an agreement, or do not start negotiations, the fall-back provisions will apply. For more information, see ICE Regulations: pre-existing agreements and fall-back provisions.
You can decide, in agreement with your employees' representatives, the terms of a negotiated agreement. It should set out what you will discuss, when you will discuss it, and how often the discussion will take place. The areas on which you inform and consult are for you and your employees' representatives to agree on.
You can also agree with your employees' representatives whether I&C will take place through employee representatives, directly with your workforce, or with both. If you opt to use representatives, then you should make provision for your employees to elect or appoint them. They do not have to be the same representatives as those who negotiated the agreement. Whilst trade union representatives do not have any special rights to act as an I&C representative, your employees may decide to elect or appoint a trade union representative as an I&C representative.
Developed withAlso on this siteContent category
Source URL
/content/information-and-consultation-employees-regulations-northern-ireland-2005
Links
ICE Regulations: pre-existing agreements and fall-back provisions
How pre-existing consultation agreements and fall-back provisions affect I&C agreements.
Under the ICE Regulations your employees have the right to request that you create an information and consultation (I&C) agreement. If you already have an I&C agreement in place, you may not need to negotiate a new one. A pre-existing agreement (PEA) may cover more than one undertaking or may have different provisions for different parts of your workforce, or be made up of several different agreements.
Pre-existing agreements
To be valid, a PEA must:
- be in writing
- cover all the employees in the undertaking
- set out how the employer will inform and consult the employees or their representatives
- be approved by the employees
If you have a PEA but 40% or more of your workforce has put in a valid request, you must negotiate a new agreement. However, if the number of employees making the request is 10% or more of the workforce but less than 40%, you can ballot the workforce to decide whether it endorses the request for a new agreement.
If you intend to hold a ballot you must inform your employees of this in writing. You must then wait 21 days before you hold the ballot to allow your employees to challenge the validity of the PEA.
If a ballot is held and 40% of the workforce, and a majority of those who vote, endorse the employee request, you must negotiate a new agreement. Where less than 40% of the workforce, or a minority of those voting, endorses the employee request, you do not have to negotiate a new agreement.
If your employees do not support the request for a new agreement then they cannot put in another request for three years.
Fall-back provisions
If you do not make the necessary arrangements to negotiate an I&C agreement, or negotiations fail, an agreement will be set up according to the standard 'fall-back' provisions. These are set out in the regulations and result in a more rigid and standardised agreement.
You have up to six months after negotiations have failed to arrange the election of I&C representatives. Under the fall-back provisions, you must arrange for the election of one representative per 50 employees or part thereof, with a minimum of two representatives and a maximum of 25.
Under the fall-back provisions, you must inform and consult the representatives on issues as follows:
- inform on the recent and probable development of the organisation's activities and economic situation
- inform and consult on the situation, structure, and probable development of employment within the organisation and, in particular, on any anticipatory measures envisaged where there is a threat to employment
- inform and consult with a view to reaching an agreement on decisions likely to lead to substantial changes in work organisation or contractual relations
Developed withAlso on this siteContent category
Source URL
/content/ice-regulations-pre-existing-agreements-and-fall-back-provisions
Links
ICE Regulations: enforcement, protections and confidential information
Enforcement mechanisms in the ICE Regulations.
You and your employees are subject to a number of rights and responsibilities under the Information and Consultation of Employees (ICE) Regulations. The Industrial Court is responsible for ensuring that most of these are adhered to.
Enforcement of negotiated agreements and the fall-back provisions
You can be penalised if there is no negotiated agreement by the end of the required six-month negotiating period, and no ballot has been arranged to elect information and consultation (I&C) representatives.
If you fail to abide by the terms of a negotiated I&C agreement or the fall-back provisions, your employees or their representatives can raise a complaint with the Industrial Court. If the Industrial Court upholds the complaint they may issue a compliance notice that will set out the steps you must take in order to meet your obligations and the date by which you must take them.
If the Industrial Court does find that you have not adhered to the terms of a negotiated agreement or the fall-back provisions, then your employees or their representatives may be able to apply to the High Court to request that they make you pay a penalty of up to £75,000. The level of the penalty is based on the severity and impact of the failure.
Enforcement of pre-existing agreements (PEAs)
PEAs are only enforceable by measures that are included in the PEA itself. The Industrial Court has no authority to hear complaints that a party has not adhered to the terms of a PEA.
Confidential information
If you have a negotiated agreement or you are subject to the fall-back provisions, then you should try to share as much information as possible with your employees or their representatives. However, you can justifiably restrict or withhold certain information on the grounds that if it came out, it could harm your business.
If you withhold a piece of information that your employees believe they should be allowed to see, they can appeal to the Industrial Court which will judge whether you are right to withhold it.
Rights and protections for representatives and employees
Your employees who act as representatives either during negotiations or as part of an I&C agreement have the right to take reasonable paid time off to fulfil their duties. You cannot dismiss or subject to detriment any of your employees as a result of their involvement in I&C activity unless they are found to be passing on confidential information. If you do not respect your employees' rights, they may be able to take you to an industrial tribunal.
Developed withAlso on this siteContent category
Source URL
/content/ice-regulations-enforcement-protections-and-confidential-information
Links
Transnational Information and Consultation of Employees (TICE) Regulations 1999
The TICE Regulations apply to multinational businesses operating in the European Economic Area.
The Transnational Information and Consultation of Employees (TICE) Regulations apply to multinational businesses operating in the European Economic Area. They established the procedures to set up a European Works Council (EWC) to inform and consult on issues that concern the company as a whole. The EWC is made up of representatives from all European member states in which the company has operations.
European Works Council
To set up an EWC, a request must be made in writing by at least 100 of your employees or their representatives in two or more member states. Alternatively, management can decide to set one up on its own initiative.
A special negotiating body (a body comprised of employee representatives) must be set up to negotiate the terms of the EWC agreement with management. The EWC must be set up in accordance with the 'statutory model', if:
- negotiations do not start within six months of receiving a request, or if the parties fail to reach an agreement within three years following the commencement of negotiations
- you refuse to negotiate within six months of receiving an agreement request, or if you fail to come to an agreement within three years
For more details, see European Works Councils.
You must also inform and consult your employees:
- where you are proposing 20 or more redundancies in a 90-day period
- if you are planning on selling your business or buying a new one
- if you are planning certain changes to an occupational or personal pension scheme
Changes as a result of the UK's exit from the EU
Following the UK's withdrawal from the EU the government has amended the TICE regulations so that:
- no new requests to set up an EWC or Information and Consultation procedure can be made by people employed in the UK
- provisions relevant to the ongoing operation of existing EWCs will remain in force
- requests for information or to establish EWCs or Information and Consultation procedures made but not completed before 1 January 2021 will be allowed to complete
Developed withAlso on this siteContent category
Source URL
/content/transnational-information-and-consultation-employees-tice-regulations-1999
Links
European Works Councils
Information and consultation in multinational companies through European Works Councils.
If your business is part of a multinational organisation that operates in at least two countries in the European Economic Area (EEA), you may be subject to the legislation on transnational information and consultation (I&C).
This gives employees in multinational undertakings with at least 1,000 employees the right to be represented on a European Works Council (EWC).
The EEA is made up of the 27 European Union member states plus Norway, Iceland and Liechtenstein.
People employed in the UK are no longer able to ask their employer to set up an EWC following the UK's exit from the EU. However, if a request to set up an EWC was submitted before 1 January 2021, it will be allowed to complete.
The current representative still may be able to be involved with your business's EWC following the UK's exit from the EU if your business agrees. The government will make sure the enforcement framework, rights, and protections for employees in UK EWCs are still available as far as possible. It is up to your company to decide if they want to include representatives from the UK. If they do, they will still be entitled to paid time off to carry out their role. See participating in a European Works Council.
An EWC is an I&C forum that is designed to allow employees in different EEA nations to be informed and consulted about transnational issues that affect their employer.
Some large multinational organisations have set up EWCs following a request from their employees. However, businesses can start the process of negotiating an EWC agreement themselves.
The transnational I&C legislation applies differently to EWCs:
- established before 15 December 1999
- established on or after 15 December 1999 and where the agreement was signed or revised in the two years before 5 June 2011
- established between 16 December 1999 and 5 June 2011 that have not been revised in the two years before 5 June 2011
- that are yet to be established or were established on or after 5 June 2011
Transnational I&C requirements
If your business has 1,000 or more employees, and has at least 150 employees in each of two or more EEA states, your employees can request that an EWC be set up. For a request to be valid, it must be:
- made by either at least 100 employees in at least two undertakings in two or more EEA countries, or representatives representing that many employees
- in writing and dated
- sent to your business' central or local management
Agency workers do not count towards the number of people in the business in which they are placed. However, they do count towards the number of people employed by the employment agency business providing them.
Once you have received a valid request, you must make the necessary arrangements for your employees to elect or appoint representatives of a special negotiating body (SNB).
You'll have six months to set up the SNB and start negotiations. Otherwise, fall-back provisions will apply.
The SNB should be made up of employees' representatives from each EEA country where your business has employees. Its role is to negotiate with your central management over the composition and terms of the EWC.
EWC agreements
Once an SNB has been set up, the parties have up to three years to negotiate an EWC agreement in order to determine - among other things - exactly how the EWC will be set up, what it will discuss, how often it will meet and what it should be provided with to help it function.
A negotiated EWC agreement must set out:
- what parts of the undertaking will be covered by the agreement
- the composition of the EWC and how long its members will serve
- the functions of the EWC
- the way I&C will take place
- how central management will disclose information
- the venue, frequency and duration of EWC meetings
- how the consultation dialogue with the EWC should link to I&C at the national level
- the financial and material resources that will be available to the EWC
- how long the EWC will last
- how the EWC agreement will be renegotiated
- if a select committee should be set up and, if so, how it will operate
An EWC agreement will need to meet the requirements of the fall-back provisions if:
- the parties decide not to negotiate
- an agreement cannot be reached
- the management and the SNB decide it is so
The fall-back provisions are much more prescriptive about what the employer must consult over and when.
While your central management should try to be as open as possible with your EWC, you can withhold certain information if its disclosure would seriously harm the functioning of the business.
Enforcement of the EWC legislation
The enforcement provisions of the EWC legislation are shared between the Industrial Court and the High Court.
Developed withAlso on this siteContent category
Source URL
/content/european-works-councils
Links
Informing and consulting employees - best practice
Communicate individually, face-to-face, in writing, and by consultation according to the subject and the audience.
Depending on your business' size, nature and structure, the type of information you are sharing, and the input you hope to get, there are a variety of ways to communicate and consult with employees and/or their representatives.
Where you have an information and consultation or European Works Council agreement, a pre-existing agreement, or where you are legally required to inform and consult with employees on other matters (such as health and safety regulations or when considering redundancies), any consulting and informing you carry out must comply with the terms of that agreement or other legal requirements.
Effective communication methods
To communicate individually, you could use:
- one-to-one meetings - for issues specific to the individual
- telephone calls - for home workers and other offsite employees
- email - employees can respond at their convenience
A record should be appropriately kept of such communications. You must comply with the UK General Data Protection Regulation (UK GDPR).
Failure to consult your staff is a regular employment tribunal complaint by employees.
Face-to-face communication methods
Face-to-face methods of communication include:
- group or team briefings - discussion and feedback on issues directly related to the group
- quality circles - groups that meet regularly to solve problems and improve quality
- large-scale meetings - to present the business' performance and long-term objectives to employees or exchange of views
- cascade networks - briefing small groups of people who tell others the same information, to get information across quickly without having to call a meeting
- inter-departmental briefings - to promote a unified approach within larger businesses
Written methods of communication
Written methods include:
- company handbooks - combines company and job-related information
- company newsletters - present information about the business and its people, in print or through email
- employee information notes - reports the business' activities and performance
- departmental bulletins - informs on a sectional, departmental, or wider basis
- notice boards - encourages communication between employees
- intranets - stores company information in a structured way for employee access
- email - communicates with employees in different or isolated locations
Consultation methods
Consultation methods include:
- joint consultative councils/works councils - regular meetings of managers and employee representatives
- joint working parties - resolves specific issues and includes managers and employees
- trade unions - aim to improve terms and conditions for their members
- informal emails - promote a feedback forum for employees to consider and put forward ideas at times convenient to them
- annual staff survey or questionnaire - allows for giving frank views if employees can reply anonymously
Developed withAlso on this siteContent category
Source URL
/content/informing-and-consulting-employees-best-practice
Links
How to achieve good communication between employer and employees
How to encourage a two-way flow of information between employees and managers.
Be clear about what you are trying to achieve and explain to employees, their representatives, or both, whether you are informing, consulting, or negotiating with them.
A two-way flow of information
You should encourage a two-way flow of information between employees and managers. Consider:
- holding regular meetings
- using language your employees understand - not jargon
- keeping discussions focused, relevant, local, and timely
- using open-ended questions to draw out ideas from employees
- ensuring your communications reach every employee, ie don't forget part-time workers, home workers, and absent workers (for example, those on statutory leave and those absent due to sickness)
- using social events to break down barriers and build up trust
Communicating sensitive information
When you need to communicate controversial or sensitive issues, eg poor company results, you should do this face-to-face. It's usually better to have a senior manager discussing such important matters. The advantage of spoken, face-to-face communication is that it's a direct and effective way to get across facts. It can't be relied upon completely because misunderstandings and rumours can arise - you may wish to reinforce it with written confirmation, see managing conflict.
You may also want written information available for employees to refer to.
Make sure that whoever talks to the employees is fully briefed, and provide an opportunity for employees to ask questions:
- If you are asked a question you don't know the answer to, say so. You could advise that you would have needed notice of that question as you don't currently have the information to hand for an immediate response. Explain that you will get back to them with an answer in due course. For all employees to be informed you could email all staff once you have an answer to a query that affects them all.
- If there is no answer, explain the reasons for this.
- If you can get an answer by a given deadline, tell them this.
Effective written communication is typically accurate, brief, and clear. It's good practice to have copies of all business policies and information in one place which employees have access to, eg an intranet. Employees can look up procedures, duties, and contract terms at their convenience or when they need clarification.
Developed withAlso on this siteContent category
Source URL
/content/how-achieve-good-communication-between-employer-and-employees
Links
Examples of good information and consultation in practice
How to create procedures to communicate and consult with your staff.
A communications policy is an effective way of defining who is responsible for information and consultation (I&C), the channels along which information passes, and the way it is communicated.
If your business is not affected by the legal requirements you should still consult with your employees to establish an I&C agreement.
Establishing an I&C policy
A good I&C policy clearly describes who is responsible for communication at each level and the methods used for communication. It also outlines the arrangements for consultation and for training employees and managers.
Consider involving trade union representatives or other employee representatives when you draw up the policy and throughout the communications and consultation process. You should involve senior managers and get them to take the lead. Make provisions to include your workers in different sites, isolated areas, or those working from home.
Make sure that your communications and consultations are systematic and regular. You should frequently review the policy and be willing to modify it. Tailor your consultative arrangements to your business.
Small companies typically have informal arrangements, but you may need a more formal arrangement so that everyone clearly understands their roles and responsibilities. This is important where consultation is a legal obligation.
Be genuine about your commitment to communication and consider employees' views before making a decision.
Developed withAlso on this siteContent category
Source URL
/content/examples-good-information-and-consultation-practice
Links
Advantages of communications and consultation training in successful business
Communications and consultation training for managers, employees and trade union representatives.
Training managers and employees in communications skills and techniques can improve communications and consultation practice within your business.
Employees can benefit from understanding the information they are given and it can encourage them to take a more active role in the communications and consultation process. Training can help trade union representatives take a fuller part in communications and consultation.
Benefits of training
Courses can help encourage employee involvement in your business. They can also help you communicate information to employees on a range of issues that relate to their employment. Communication training for managers and employees can help break down any barriers between them.
Training can help managers to:
- understand the importance of good communication and of having a consultation policy
- understand their roles
- encourage those employees who have problems communicating
- understand and meet their legal obligations for informing and consulting
For more information, see skills and training for directors and owners.
Areas of skills development
Useful courses for your employees and managers may cover:
- joint working methods
- effective meetings
- presentation skills
- listening skills
- effective business writing
- interviewing techniques
As with any training, it is a good idea to periodically evaluate the effectiveness of the training course.
Developed withAlso on this siteContent category
Source URL
/content/advantages-communications-and-consultation-training-successful-business
Links
Advantages of good employee communication
In this guide:
- Inform and consult your employees
- Advantages of good employee communication
- Legal requirements for communicating with employees
- Consulting your employees
- The Information and Consultation of Employees Regulations (Northern Ireland) 2005
- ICE Regulations: pre-existing agreements and fall-back provisions
- ICE Regulations: enforcement, protections and confidential information
- Transnational Information and Consultation of Employees (TICE) Regulations 1999
- European Works Councils
- Informing and consulting employees - best practice
- How to achieve good communication between employer and employees
- Examples of good information and consultation in practice
- Advantages of communications and consultation training in successful business
Advantages of good employee communication
Benefits of communicating effectively with your employees.
Communicating with your employees is central to managing your workforce. Poor communication can result in misunderstandings and mistrust.
Benefits of good staff communication
Introducing proper procedures for informing and consulting with your employees can take time and money but you will benefit from improved products, productivity, and competitiveness.
Other benefits of effective consultation and information-sharing include:
- improved employee commitment and job satisfaction, particularly if employees understand what the business is trying to achieve and the effect of their contribution
- increased morale leading to lower turnover of employees and reduced recruitment and training costs
- better employee performance, if they understand targets and deadlines and receive proper feedback
- provision of accurate information or guidance, which helps avoid misunderstandings, eg on health and safety policies, business performance, staff changes, and job structures
- improved management decision-making, due in part to feedback from employees
- improved management/employee relations
- improved exchange of ideas
- consistent approach and strategy across the business
If employees are given inadequate or unclear instructions, they could act in breach of regulations without meaning to. Lack of basic information can also be a breach of workers' rights. See legal requirements for communicating with employees.
Developed withAlso on this siteContent category
Source URL
/content/advantages-good-employee-communication
Links
Legal requirements for communicating with employees
Understand your legal requirements for communicating with employees.
As an employer, you are required to inform and consult employees in certain circumstances. See consulting your employees.
You must inform employees of:
-
The main terms and conditions of employment in written form - see the employment contract. This must be provided within two months of an employee commencing employment.
- Any changes in the terms and conditions of employment.
- The reason in writing for dismissing them (for employees with 12 or more months' service). This is only necessary if they request it - unless they are a woman who is dismissed while pregnant or on maternity leave, or statutory adoption leave when in these cases 12 months of service is not required. It can be wise to provide this even to employees who haven't completed 12 months of employment as this clarity of communication can avoid potential misunderstandings and unnecessary claims. Such consideration, even though is not required, is good practice.
- Certain matters when your business is involved, eg in the transfer of an undertaking - see responsibilities to employees if you buy or sell a business.
Collective bargaining
You must give recognised trade unions the information they require for collective bargaining. For more information on recognising trade unions and collective bargaining, see recognising and derecognising a trade union.
Read the Labour Rrelations Agency's guidance on disclosure of information to trade unions for collective bargaining purposes.
You are also required by law to:
- provide employees with an itemised pay slip whenever you pay them
- communicate in writing if asking shop workers or betting workers in Northern Ireland to work on a Sunday - see Sunday working and night working
- consult your employees or their representatives when considering collective redundancies, business transfer or changes to pensions
Regulations give employees of businesses and organisations employing 50 or more employees the right to be informed and consulted on issues affecting them and the business they work for. See legal requirements for informing and consulting employees.
Smaller employers should agree and create formal procedures for informing and consulting with employees, in the interests of good employment relations. See informing and consulting - ways and means and examples of good information and consultation in practice.
Developed withAlso on this siteContent category
Source URL
/content/legal-requirements-communicating-employees
Links
-
Consulting your employees
Consultation that is required by law and voluntary consultation.
Consultation involves managers and business owners seeking and taking into account the views of employees before making a decision. You are required by law to consult with employees, their representatives, or recognised trade unions on:
- health and safety issues
- changes to the contract of employment
- redundancies
- undertakings or transfers, ie the business is to be sold or part of it is to be contracted out, or the contractor is to be replaced by another
- changes to pension schemes
- training policies, progress, and plans - if the Industrial Court has imposed a bargaining method in the statutory trade union recognition process - see recognising and derecognising a trade union
You must use the appropriate consultation method depending on the circumstances, eg through individual employee consultation, employee representatives, joint consultative committees/works councils, joint working parties, or trade unions/collective bargaining units.
If your business or organisation employs more than 50 employees, your employees can require that you negotiate arrangements to inform or consult them on issues that may affect them and the business. See legal requirements for informing and consulting employees.
Voluntary consultation
Your business may benefit from consulting employees on a regular basis and making staff aware of ways they can contribute ideas and raise concerns. You do not need to have complex structures for consultation - often ad hoc groups can work better. See legal requirements for consulting and informing employees.
For effective consultation, you should consider:
- seeking and considering the views of affected employees
- explaining final decisions - particularly when employees' views are rejected
- giving credit and recognition to those who provide information which improves a decision
- ensuring that the issues for consultation are relevant to the group of employees discussing them
- making the outcome of the meeting or decisions available to everyone
Effective consultation can help avoid minor issues and petty grievances. It is also good for employee morale and their role commitment and dedication to the business aims.
Developed withAlso on this siteContent category
Source URL
/content/consulting-your-employees
Links
The Information and Consultation of Employees Regulations (Northern Ireland) 2005
How the ICE Regulations work, including pre-existing agreements and the fall-back provisions.
Under the Information and Consultation of Employees Regulations (Northern Ireland) 2005, if you have 50 or more employees, your employees can request that you set up arrangements to inform and consult them. When a valid employee request is made, you are obliged to negotiate the details of an information and consultation (I&C) agreement with representatives of your employees, unless there is a valid pre-existing agreement in place and you have held a ballot for which employees have supported the pre-existing agreement.
For more information, see legal requirements for communicating with employees.
What is a valid employee request?
If 10% of your employees request that you set up an I&C agreement, you are obliged to do so. That 10% is subject to a minimum of 15 and a maximum of 2,500 employees.
To calculate the size of your workforce, you should calculate the average number of employees in your business over the past 12 months. You can count part-time employees working under a contract of 75 hours or less a month as half of one employee for this calculation.
For an employee request to be valid, it must:
- be in writing
- be dated
- state the names of the employees making the request
If your employees wish to remain anonymous, they may submit a request to the Industrial Court who will inform you that a valid request has been received.
It is possible for a valid request to be made up of a number of requests from different employees over a rolling six-month period - if this achieves the 10% threshold.
Negotiating an I&C agreement
If you receive a valid employee request, you will need to make arrangements to begin negotiating an I&C agreement as soon as is reasonably practicable. You will need to arrange for your employees to elect or appoint a body of representatives to negotiate the agreement with you.
The names of the negotiating representatives must be set out in writing once this has been done.
You will have six months to negotiate the agreement, starting three months from the date that you received the employee request. If you and the employees' representatives agree, you can extend this period indefinitely.
A negotiated agreement must cover all of the employees in the undertaking, so it is advisable to word the agreement in such a way that new employees would be automatically covered. It is also advisable to include a provision stating how a restructuring will be dealt with, for example in terms of any changes to the number and identity of employee representatives.
If you fail to reach an agreement, or do not start negotiations, the fall-back provisions will apply. For more information, see ICE Regulations: pre-existing agreements and fall-back provisions.
You can decide, in agreement with your employees' representatives, the terms of a negotiated agreement. It should set out what you will discuss, when you will discuss it, and how often the discussion will take place. The areas on which you inform and consult are for you and your employees' representatives to agree on.
You can also agree with your employees' representatives whether I&C will take place through employee representatives, directly with your workforce, or with both. If you opt to use representatives, then you should make provision for your employees to elect or appoint them. They do not have to be the same representatives as those who negotiated the agreement. Whilst trade union representatives do not have any special rights to act as an I&C representative, your employees may decide to elect or appoint a trade union representative as an I&C representative.
Developed withAlso on this siteContent category
Source URL
/content/information-and-consultation-employees-regulations-northern-ireland-2005
Links
ICE Regulations: pre-existing agreements and fall-back provisions
How pre-existing consultation agreements and fall-back provisions affect I&C agreements.
Under the ICE Regulations your employees have the right to request that you create an information and consultation (I&C) agreement. If you already have an I&C agreement in place, you may not need to negotiate a new one. A pre-existing agreement (PEA) may cover more than one undertaking or may have different provisions for different parts of your workforce, or be made up of several different agreements.
Pre-existing agreements
To be valid, a PEA must:
- be in writing
- cover all the employees in the undertaking
- set out how the employer will inform and consult the employees or their representatives
- be approved by the employees
If you have a PEA but 40% or more of your workforce has put in a valid request, you must negotiate a new agreement. However, if the number of employees making the request is 10% or more of the workforce but less than 40%, you can ballot the workforce to decide whether it endorses the request for a new agreement.
If you intend to hold a ballot you must inform your employees of this in writing. You must then wait 21 days before you hold the ballot to allow your employees to challenge the validity of the PEA.
If a ballot is held and 40% of the workforce, and a majority of those who vote, endorse the employee request, you must negotiate a new agreement. Where less than 40% of the workforce, or a minority of those voting, endorses the employee request, you do not have to negotiate a new agreement.
If your employees do not support the request for a new agreement then they cannot put in another request for three years.
Fall-back provisions
If you do not make the necessary arrangements to negotiate an I&C agreement, or negotiations fail, an agreement will be set up according to the standard 'fall-back' provisions. These are set out in the regulations and result in a more rigid and standardised agreement.
You have up to six months after negotiations have failed to arrange the election of I&C representatives. Under the fall-back provisions, you must arrange for the election of one representative per 50 employees or part thereof, with a minimum of two representatives and a maximum of 25.
Under the fall-back provisions, you must inform and consult the representatives on issues as follows:
- inform on the recent and probable development of the organisation's activities and economic situation
- inform and consult on the situation, structure, and probable development of employment within the organisation and, in particular, on any anticipatory measures envisaged where there is a threat to employment
- inform and consult with a view to reaching an agreement on decisions likely to lead to substantial changes in work organisation or contractual relations
Developed withAlso on this siteContent category
Source URL
/content/ice-regulations-pre-existing-agreements-and-fall-back-provisions
Links
ICE Regulations: enforcement, protections and confidential information
Enforcement mechanisms in the ICE Regulations.
You and your employees are subject to a number of rights and responsibilities under the Information and Consultation of Employees (ICE) Regulations. The Industrial Court is responsible for ensuring that most of these are adhered to.
Enforcement of negotiated agreements and the fall-back provisions
You can be penalised if there is no negotiated agreement by the end of the required six-month negotiating period, and no ballot has been arranged to elect information and consultation (I&C) representatives.
If you fail to abide by the terms of a negotiated I&C agreement or the fall-back provisions, your employees or their representatives can raise a complaint with the Industrial Court. If the Industrial Court upholds the complaint they may issue a compliance notice that will set out the steps you must take in order to meet your obligations and the date by which you must take them.
If the Industrial Court does find that you have not adhered to the terms of a negotiated agreement or the fall-back provisions, then your employees or their representatives may be able to apply to the High Court to request that they make you pay a penalty of up to £75,000. The level of the penalty is based on the severity and impact of the failure.
Enforcement of pre-existing agreements (PEAs)
PEAs are only enforceable by measures that are included in the PEA itself. The Industrial Court has no authority to hear complaints that a party has not adhered to the terms of a PEA.
Confidential information
If you have a negotiated agreement or you are subject to the fall-back provisions, then you should try to share as much information as possible with your employees or their representatives. However, you can justifiably restrict or withhold certain information on the grounds that if it came out, it could harm your business.
If you withhold a piece of information that your employees believe they should be allowed to see, they can appeal to the Industrial Court which will judge whether you are right to withhold it.
Rights and protections for representatives and employees
Your employees who act as representatives either during negotiations or as part of an I&C agreement have the right to take reasonable paid time off to fulfil their duties. You cannot dismiss or subject to detriment any of your employees as a result of their involvement in I&C activity unless they are found to be passing on confidential information. If you do not respect your employees' rights, they may be able to take you to an industrial tribunal.
Developed withAlso on this siteContent category
Source URL
/content/ice-regulations-enforcement-protections-and-confidential-information
Links
Transnational Information and Consultation of Employees (TICE) Regulations 1999
The TICE Regulations apply to multinational businesses operating in the European Economic Area.
The Transnational Information and Consultation of Employees (TICE) Regulations apply to multinational businesses operating in the European Economic Area. They established the procedures to set up a European Works Council (EWC) to inform and consult on issues that concern the company as a whole. The EWC is made up of representatives from all European member states in which the company has operations.
European Works Council
To set up an EWC, a request must be made in writing by at least 100 of your employees or their representatives in two or more member states. Alternatively, management can decide to set one up on its own initiative.
A special negotiating body (a body comprised of employee representatives) must be set up to negotiate the terms of the EWC agreement with management. The EWC must be set up in accordance with the 'statutory model', if:
- negotiations do not start within six months of receiving a request, or if the parties fail to reach an agreement within three years following the commencement of negotiations
- you refuse to negotiate within six months of receiving an agreement request, or if you fail to come to an agreement within three years
For more details, see European Works Councils.
You must also inform and consult your employees:
- where you are proposing 20 or more redundancies in a 90-day period
- if you are planning on selling your business or buying a new one
- if you are planning certain changes to an occupational or personal pension scheme
Changes as a result of the UK's exit from the EU
Following the UK's withdrawal from the EU the government has amended the TICE regulations so that:
- no new requests to set up an EWC or Information and Consultation procedure can be made by people employed in the UK
- provisions relevant to the ongoing operation of existing EWCs will remain in force
- requests for information or to establish EWCs or Information and Consultation procedures made but not completed before 1 January 2021 will be allowed to complete
Developed withAlso on this siteContent category
Source URL
/content/transnational-information-and-consultation-employees-tice-regulations-1999
Links
European Works Councils
Information and consultation in multinational companies through European Works Councils.
If your business is part of a multinational organisation that operates in at least two countries in the European Economic Area (EEA), you may be subject to the legislation on transnational information and consultation (I&C).
This gives employees in multinational undertakings with at least 1,000 employees the right to be represented on a European Works Council (EWC).
The EEA is made up of the 27 European Union member states plus Norway, Iceland and Liechtenstein.
People employed in the UK are no longer able to ask their employer to set up an EWC following the UK's exit from the EU. However, if a request to set up an EWC was submitted before 1 January 2021, it will be allowed to complete.
The current representative still may be able to be involved with your business's EWC following the UK's exit from the EU if your business agrees. The government will make sure the enforcement framework, rights, and protections for employees in UK EWCs are still available as far as possible. It is up to your company to decide if they want to include representatives from the UK. If they do, they will still be entitled to paid time off to carry out their role. See participating in a European Works Council.
An EWC is an I&C forum that is designed to allow employees in different EEA nations to be informed and consulted about transnational issues that affect their employer.
Some large multinational organisations have set up EWCs following a request from their employees. However, businesses can start the process of negotiating an EWC agreement themselves.
The transnational I&C legislation applies differently to EWCs:
- established before 15 December 1999
- established on or after 15 December 1999 and where the agreement was signed or revised in the two years before 5 June 2011
- established between 16 December 1999 and 5 June 2011 that have not been revised in the two years before 5 June 2011
- that are yet to be established or were established on or after 5 June 2011
Transnational I&C requirements
If your business has 1,000 or more employees, and has at least 150 employees in each of two or more EEA states, your employees can request that an EWC be set up. For a request to be valid, it must be:
- made by either at least 100 employees in at least two undertakings in two or more EEA countries, or representatives representing that many employees
- in writing and dated
- sent to your business' central or local management
Agency workers do not count towards the number of people in the business in which they are placed. However, they do count towards the number of people employed by the employment agency business providing them.
Once you have received a valid request, you must make the necessary arrangements for your employees to elect or appoint representatives of a special negotiating body (SNB).
You'll have six months to set up the SNB and start negotiations. Otherwise, fall-back provisions will apply.
The SNB should be made up of employees' representatives from each EEA country where your business has employees. Its role is to negotiate with your central management over the composition and terms of the EWC.
EWC agreements
Once an SNB has been set up, the parties have up to three years to negotiate an EWC agreement in order to determine - among other things - exactly how the EWC will be set up, what it will discuss, how often it will meet and what it should be provided with to help it function.
A negotiated EWC agreement must set out:
- what parts of the undertaking will be covered by the agreement
- the composition of the EWC and how long its members will serve
- the functions of the EWC
- the way I&C will take place
- how central management will disclose information
- the venue, frequency and duration of EWC meetings
- how the consultation dialogue with the EWC should link to I&C at the national level
- the financial and material resources that will be available to the EWC
- how long the EWC will last
- how the EWC agreement will be renegotiated
- if a select committee should be set up and, if so, how it will operate
An EWC agreement will need to meet the requirements of the fall-back provisions if:
- the parties decide not to negotiate
- an agreement cannot be reached
- the management and the SNB decide it is so
The fall-back provisions are much more prescriptive about what the employer must consult over and when.
While your central management should try to be as open as possible with your EWC, you can withhold certain information if its disclosure would seriously harm the functioning of the business.
Enforcement of the EWC legislation
The enforcement provisions of the EWC legislation are shared between the Industrial Court and the High Court.
Developed withAlso on this siteContent category
Source URL
/content/european-works-councils
Links
Informing and consulting employees - best practice
Communicate individually, face-to-face, in writing, and by consultation according to the subject and the audience.
Depending on your business' size, nature and structure, the type of information you are sharing, and the input you hope to get, there are a variety of ways to communicate and consult with employees and/or their representatives.
Where you have an information and consultation or European Works Council agreement, a pre-existing agreement, or where you are legally required to inform and consult with employees on other matters (such as health and safety regulations or when considering redundancies), any consulting and informing you carry out must comply with the terms of that agreement or other legal requirements.
Effective communication methods
To communicate individually, you could use:
- one-to-one meetings - for issues specific to the individual
- telephone calls - for home workers and other offsite employees
- email - employees can respond at their convenience
A record should be appropriately kept of such communications. You must comply with the UK General Data Protection Regulation (UK GDPR).
Failure to consult your staff is a regular employment tribunal complaint by employees.
Face-to-face communication methods
Face-to-face methods of communication include:
- group or team briefings - discussion and feedback on issues directly related to the group
- quality circles - groups that meet regularly to solve problems and improve quality
- large-scale meetings - to present the business' performance and long-term objectives to employees or exchange of views
- cascade networks - briefing small groups of people who tell others the same information, to get information across quickly without having to call a meeting
- inter-departmental briefings - to promote a unified approach within larger businesses
Written methods of communication
Written methods include:
- company handbooks - combines company and job-related information
- company newsletters - present information about the business and its people, in print or through email
- employee information notes - reports the business' activities and performance
- departmental bulletins - informs on a sectional, departmental, or wider basis
- notice boards - encourages communication between employees
- intranets - stores company information in a structured way for employee access
- email - communicates with employees in different or isolated locations
Consultation methods
Consultation methods include:
- joint consultative councils/works councils - regular meetings of managers and employee representatives
- joint working parties - resolves specific issues and includes managers and employees
- trade unions - aim to improve terms and conditions for their members
- informal emails - promote a feedback forum for employees to consider and put forward ideas at times convenient to them
- annual staff survey or questionnaire - allows for giving frank views if employees can reply anonymously
Developed withAlso on this siteContent category
Source URL
/content/informing-and-consulting-employees-best-practice
Links
How to achieve good communication between employer and employees
How to encourage a two-way flow of information between employees and managers.
Be clear about what you are trying to achieve and explain to employees, their representatives, or both, whether you are informing, consulting, or negotiating with them.
A two-way flow of information
You should encourage a two-way flow of information between employees and managers. Consider:
- holding regular meetings
- using language your employees understand - not jargon
- keeping discussions focused, relevant, local, and timely
- using open-ended questions to draw out ideas from employees
- ensuring your communications reach every employee, ie don't forget part-time workers, home workers, and absent workers (for example, those on statutory leave and those absent due to sickness)
- using social events to break down barriers and build up trust
Communicating sensitive information
When you need to communicate controversial or sensitive issues, eg poor company results, you should do this face-to-face. It's usually better to have a senior manager discussing such important matters. The advantage of spoken, face-to-face communication is that it's a direct and effective way to get across facts. It can't be relied upon completely because misunderstandings and rumours can arise - you may wish to reinforce it with written confirmation, see managing conflict.
You may also want written information available for employees to refer to.
Make sure that whoever talks to the employees is fully briefed, and provide an opportunity for employees to ask questions:
- If you are asked a question you don't know the answer to, say so. You could advise that you would have needed notice of that question as you don't currently have the information to hand for an immediate response. Explain that you will get back to them with an answer in due course. For all employees to be informed you could email all staff once you have an answer to a query that affects them all.
- If there is no answer, explain the reasons for this.
- If you can get an answer by a given deadline, tell them this.
Effective written communication is typically accurate, brief, and clear. It's good practice to have copies of all business policies and information in one place which employees have access to, eg an intranet. Employees can look up procedures, duties, and contract terms at their convenience or when they need clarification.
Developed withAlso on this siteContent category
Source URL
/content/how-achieve-good-communication-between-employer-and-employees
Links
Examples of good information and consultation in practice
How to create procedures to communicate and consult with your staff.
A communications policy is an effective way of defining who is responsible for information and consultation (I&C), the channels along which information passes, and the way it is communicated.
If your business is not affected by the legal requirements you should still consult with your employees to establish an I&C agreement.
Establishing an I&C policy
A good I&C policy clearly describes who is responsible for communication at each level and the methods used for communication. It also outlines the arrangements for consultation and for training employees and managers.
Consider involving trade union representatives or other employee representatives when you draw up the policy and throughout the communications and consultation process. You should involve senior managers and get them to take the lead. Make provisions to include your workers in different sites, isolated areas, or those working from home.
Make sure that your communications and consultations are systematic and regular. You should frequently review the policy and be willing to modify it. Tailor your consultative arrangements to your business.
Small companies typically have informal arrangements, but you may need a more formal arrangement so that everyone clearly understands their roles and responsibilities. This is important where consultation is a legal obligation.
Be genuine about your commitment to communication and consider employees' views before making a decision.
Developed withAlso on this siteContent category
Source URL
/content/examples-good-information-and-consultation-practice
Links
Advantages of communications and consultation training in successful business
Communications and consultation training for managers, employees and trade union representatives.
Training managers and employees in communications skills and techniques can improve communications and consultation practice within your business.
Employees can benefit from understanding the information they are given and it can encourage them to take a more active role in the communications and consultation process. Training can help trade union representatives take a fuller part in communications and consultation.
Benefits of training
Courses can help encourage employee involvement in your business. They can also help you communicate information to employees on a range of issues that relate to their employment. Communication training for managers and employees can help break down any barriers between them.
Training can help managers to:
- understand the importance of good communication and of having a consultation policy
- understand their roles
- encourage those employees who have problems communicating
- understand and meet their legal obligations for informing and consulting
For more information, see skills and training for directors and owners.
Areas of skills development
Useful courses for your employees and managers may cover:
- joint working methods
- effective meetings
- presentation skills
- listening skills
- effective business writing
- interviewing techniques
As with any training, it is a good idea to periodically evaluate the effectiveness of the training course.
Developed withAlso on this siteContent category
Source URL
/content/advantages-communications-and-consultation-training-successful-business
Links