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A flexible approach to work

The challenges of being a parent, adopter, guardian or foster parent can often bring rise to a request for flexible working arrangements.  However, there are many misconceptions about the Employment Rights Act.  Bill Owen Senior Partner of Kirby Simcox Solicitors, which has an office in Thornbury, takes a look at the facts.

The Employment Rights Act 1996 states that “carers” (parents, adopters, guardians and foster parents) who have children under six years old, have the right to request flexible working.  The change in the law has been in force since 6 April 2003, but it is still very much under used and also misunderstood.

The actual statutory right requires an employee to request flexible working in a written application, indicating if he or she wants to work either reduced hours, differently organised hours, or at a different place of work (including home working).  They may also request other changes, but must explain what effect these may have on their employer’s business. 

When an employer is faced with a request for flexible working, their statutory duty is to give it proper consideration and to follow a carefully set of procedure.  The employer must hold a meeting with the employee to discuss the request and this must take place within 28 days of when the application was received.  A decision on the proposal must be made within 14 days and has to be issued in writing.  Where the employer is refusing the request, then they have to do so with a written explanation of the grounds for refusal. 

It is often thought that if an employer refuses to agree flexible working, then the employee has the right to bring Employment Tribunal proceedings to challenge the decision.  Sadly, this overstates the position.  An employer is permitted to refuse flexible working on any of no less than eight grounds:

• Burden of additional costs.
• Detrimental effect on ability to meet customer demand.
• Inability to reorganise work among existing staff.
• Inability to recruit additional staff.
• Detrimental impact on quality.
• Detrimental impact on performance
• Insufficiency of work during times the employee wants to work.
• Planned structural changes.

An employee can challenge a refusal to allow flexible working.  However, a Tribunal can only make a finding in the staff members favour if either the employer has failed to comply with the statutory procedure or has rejected the application “on incorrect facts”. 

However, women seeking flexible working should not despair as it has been the law for over thirty years that an employer must treat woman equally to men.  If they wish to work part-time and can show that a male colleague is or has worked part-time, then you could consider bringing a claim for indirect discrimination under the Sex Discrimination Act 1975. 

The advantage of bringing a claim under the Sex Discrimination Act 1975 is that the Tribunal has much greater powers to award compensation and also to make binding recommendations on the employer. 

Like matrimony, neither an application for flexible working, nor a claim for sex discrimination should be embarked upon without great thought and good advice from an employment lawyer.

HIP advice for Home Owners

There has been much speculation in the press recently and also a good deal of confusion, surrounding the introduction of Home Information Packs (HIPs) from 1 June 2007.  Linda Donoghue, conveyancing specialist at Kirby Simcox Solicitors in Thornbury, highlights the key elements of the new regulations.

The Government has proposed the introduction of HIPs (or sellers packs), from the 1 June 2007 in an attempt to speed up the home buying and selling process.   The new regulations require a residential property seller to provide a pack of the legal documents at the start of the process when the property is put on the market, and non provision of a pack can result in penalties.   Properties marketed before 31 May 2007 will not need a HIP as yet.

It is fair to say that at the time of writing there is still some confusion as to the final details of the pack requirements.  However, the current details are as follows.

What does a HIP have to contain?

The documents which must be included in each HIP are:-

• An index
• An Energy Performance Certificate – (an assessment of the energy aspect of a home)
• A sale statement (summarising the terms of the sale)
• Evidence of title
• Standard searches (a local authority and drainage and water search) or confirmation that searches have been applied for.
• Where appropriate, leasehold information (including a copy of the lease, information on service charge and insurance) or confirmation that leasehold information is being obtained
• Where appropriate a New Homes Warranty or a report on a home that is not physically complete

A Home Condition Report is currently voluntary, Fixtures and Fittings Form and replies to the Property Information Form can be included, but currently they are not mandatory within the Pack.

The Energy Performance certificate requires a survey of a property by an “Energy Assessor” and the certificate may have to be attached to the Sales Details for your property.  However, it is not certain that there will be sufficient Assessors available by June, so the rules may still change.

How much will a HIP cost?

The cost of producing a HIP depends where the property is situated, as different Councils charge different search fees.  Current expectations are for a HIP on freehold property in Bristol to be between £400-500 and for leasehold £450-700.  This will depend on the charge made by a landlord or managing agents or company for providing basic information about the lease.

Getting Help!

HIPs are not intended to confuse the home owner, but they do contain a large amount of complex legal information and you should seek professional advice to ensure you are fully compliant.  Solicitors with specialist conveyancing departments are best placed to prepare and interpret these packs and can guarantee correct compliance.  Many will offer the Law Society approved on-line HIP, to reduce the possibility of delays and ensure that the packs are prepared as quickly as possible.

Lawyers in the Pink for Charity!

Clients arriving at the Bristol office of Kirby Simcox Solicitors today were certainly in for a surprise as its entire staff - even the men - put their suits to one side and proudly wore pink for the day, to raise funds for Breast Cancer charities.

Kirby Simcox's has three offices in Bristol, Thornbury and Kingswood and all their 60 employees paid for the privilege to dress up in pink for the day. This is the second year the firm has held the pink event which was the idea of Financial Assistant Zoe Gilbraith and Conveyancing Assistant Jenny Johnson.

The Pink Day marks the start of a week of fund raising activity for Zoe and Jenny, who on 20 May will be donning decorated bras and joining thousands of others in the 26.2 mile 'Moon Walk' for Breast Cancer, which takes place overnight starting in Hyde Park, London.

Commenting on the event Zoe said, "Everyone in the firm really enjoyed taking part in our Pink Day on Friday which was great fun for both staff and clients. Last year we raised over £300 for Breast Cancer charities and this year we are hoping we have raised even more. As well as staff wearing pink clothes and costumes, we offered cakes – pink of course – to staff and clients and all of our offices were decorated with pink ribbons and balloons. Although we appreciate the law is generally a serious business, it is great to see all our staff and clients having some light hearted fun in support of such a really worthy cause."