The demand for flexible work has increased significantly since the pandemic. Flexible work reinvents the traditional model of working at a certain premises and at certain times. Depending on the nature of the work, arrangements can now be tailored to suit the needs of individual employee. Flexible working is different for everyone. There is no ‘one size fits all’ model.
What is flexible work?
Flexible work includes working remotely and working within different time frames (e.g. starting and finishing early) and can even include job sharing with others.
Benefits
For employees, the benefits of flexible work are often unique to the individual. However, the positive impacts on mental health and work-life balance can be significant. Flexible work can also normalise the caring responsibilities of children between partners.
For employers, finding and retaining good staff can be difficult, especially in a tight labour market. Employers who offer flexible working arrangements may have the competitive edge and access to a wider pool of talent. Other benefits could include greater employee productivity and efficiency, reducing staff turnover and overall improved commitment to work from employees.
Every employee has the right to apply
Pursuant to Part 6AA of the Employment Relations Act 2000, every employee has a right to request a variation of their working arrangement at any time. Employers bear the obligation to respond to the request and not later than one month from receiving the request.
Employers’ obligations
In assessing an application, an employer must consider the request carefully and fairly. Employers must consider all requests for flexible working arrangements in a fair way and in good faith. There are only a few business related grounds that can be used to decline a request, and employers should be mindful not to assess whether one person’s need for flexible working arrangements is greater than another’s.
One month to respond
An employer must consider the application without delay and is required to provide a full response within one month from the date of receiving the request. The one month time limit is to provide sufficient time for the employer to assess the impact on their business and make an informed decision. The response by the employer must be in writing.
Meeting to discuss the details
Once the request has been received, and within the one month time limit, the employer might wish to meet face-to-face to discuss the finer details.
A meeting can assist both parties in understanding the arrangement, and how this could fit in with the business, employee, employer, and other workers.
If the requested working arrangement cannot be agreed to, the meeting may help to identify any alternative solutions, such a flexible working arrangements trial or job-sharing arrangements with another employee.
Recording the arrangement in writing
It is always best practice to put the final arrangement in writing. Recording what has been agreed in writing means both parties can be clear about dates, the terms, and any conditions and helps to prevent any misunderstandings.
Further information can be found on the MBIE Employment New Zealand website or alternatively, our team of lawyers at Steindle Williams will be happy to assist employers and employees in navigating their way through this process.