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Opinion

Flexibility isn’t a favour: What a recent ruling reminds us about doing right by staff

Minami Kanesawa, co-founder of WFH Jobs, discusses how employers can support workplace flexibility while avoiding legal and employee wellbeing risks.

Opinion
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Minami
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A recent Northern Ireland tribunal ruling that occurred when an employee’s three-day-week work pattern was revoked has received plenty of media attention in the past few weeks.

The employee pursued legal action and was found to have experienced indirect discrimination. This resulted in an award of over £20,000 in compensation.

Events like these highlight the complex and nuanced nature of what’s considered appropriate (and legal) when it comes to supporting workplace flexibility.

Here’s what responsible employers already tend to get right, to ensure their businesses meet their staff’s needs.

1. They treat an agreed pattern as a real commitment

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Employee contracts may be agreed verbally and do not always require written documentation.

When a work arrangement is agreed upon and employees structure their personal and family lives around it, this represents a genuine commitment and should not be treated as a casual or easily withdrawn arrangement.

Good employers honour what they’ve agreed, and they have it in writing as well. Not to create a paper trail, but so everything is clear to all parties, and nobody has to rely on memory or goodwill in the future.

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2. “It’s fairer for everyone” is an outdated perspective

Identical treatment and fair treatment are not always the same. A seemingly even-handed change can affect individuals differently.

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For example, in many families, one parent usually carries more of the caring responsibilities, so “be available whenever we need you” asks far more of some, than others.

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Thoughtful employers anticipate this. Before changing hours or reducing remote work, consider how many employees may be negatively affected and whether business needs can be met without disadvantaging any group.

3. Have the conversation before you decide

Responsible businesses discuss potential changes with employees before making decisions, rather than imposing them.

The good news is that this is the easy part to get right, and it costs nothing.

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Before proposing changes to work patterns, meet with the affected employees. Listen carefully and explore alternative options together if concerns arise.

Most working-pattern problems have a solution that works for both sides if you look for one early enough.

Such conversations demonstrate genuine concern for employee wellbeing. And, 88% of workers believe businesses that prioritise staff wellbeing retain top talent for longer.

4. Consistency is key

Flexibility must be supported at all levels, with everyone from senior leadership to middle management understanding the company’s vision and expectations.

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New people bring new ideas, which is healthy, but agreed arrangements shouldn’t quietly disappear if leadership changes.

Make sure the people running the day-to-day operations understand that an agreed way of working is a commitment the whole organisation has made, and not something that can be casually rewritten without full consent from the entire organisation.

5. Building flexibility in

A common issue across businesses is treating flexibility as an informal favour, granted quietly and considered revocable at any time.

Roles designed to be remote and flexible from the outset avoid this risk. There is no fixed shift to defend or arrangement that collapses due to unforeseen circumstances.

When flexibility is built into how a job works, it’s stable and dependable for the person doing it. The health benefits associated with it are huge as well.

68% of hybrid and flexible workers experience fewer stress-related health symptoms, and only 14% of employees with work flexibility report burnout, compared to 36% of those with no flexibility.

Flexibility agreed is flexibility owed, not a favour to be reclaimed when it suits. Treat it as a commitment, build it into the role, and everyone wins.

Minami Kanesawa is co-founder of WFH Jobs

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