The Workplace Prescription
Workplace Q&As and the latest news in employment law and HR
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A four-day working week - is it such a revelation?
Last week the media was flooded with the announcement that workers will soon be able to request to work four days a week.
Wow! Amazing! Err no, not really, as the right already exists!
Why all the hype?
The right to request flexible working has been with us for some time and only recently it has been extended to some degree. Employees are no longer required to have been employed for 26 weeks before making a flexible working request, it’s a day-one right and neither do they have to justify their request by setting out how they think the business could manage if their request was approved. Something I always thought was a ridiculous exercise, putting the onus on the employee to justify their request.
The new legislation. Here’s what this might entail:
Right to request, not an automatic right: The proposal is expected to mirror existing rights such as flexible working requests, where employees have the right to ask but employers are not obliged to grant the request. Employers would need to consider requests seriously, but they could refuse on particular business grounds.
Aiming for a better work-life balance: The move is intended to help workers achieve a better balance between their professional and personal lives. Proponents argue that a four-day week can lead to higher productivity, reduced burnout, and greater job satisfaction.
Not a mandated dour-day week: This is not a law that would automatically reduce the working week for everyone; rather, it is about giving workers the opportunity to request such an arrangement. Each request would be subject to an employer’s operational needs and the feasibility of maintaining service levels.
Impact on business operations: While many see potential benefits in the four-day workweek, some businesses express concerns about the challenges it could pose, such as the need to maintain service continuity, potential increased costs, or the complexity of scheduling.
Government’s role: The government’s role would likely be to set the legislative framework for these requests, including details on how requests should be made and what considerations employers must take into account when responding.
This is still in the proposal stage, and the specifics of the legislation will need to be debated and refined before any new laws come into effect. But I am somewhat sceptical as to how this would differ from current flexible working rights, asave for a bit of minor tweaking.
We’ll need to keep an eye on developments over the coming months to see how this proposal progresses and what the final legislation might look like. I can’t wait!
Q&As
I’m concerned my new employer will find out about my dismissal from a previous job when taking up references. What are the consequences?
Q. I’ve currently applied for a job, been accepted, signed the contract however i am now going through the vetting process before my start date. I was dismissed from my last employer whilst on sick leave, will my new employer see this dismissal and will it affect me starting the company all together ? Just been worried about this since they had told me the process has started and they will be getting employer references.
A. When a new employer conducts pre-employment checks, they often request references from previous employers. These references typically include confirmation of your job title, dates of employment, and sometimes, the reason for leaving. However, not all employers will disclose detailed reasons, especially if the dismissal was related to health or sensitive personal issues.
Most references are quite basic, focusing on the essential details like your role and employment period. Many companies have policies in place to only confirm such details and avoid sharing specific reasons for dismissal to mitigate legal risks.
If your dismissal was due to being on long-term sick leave, your previous employer might be mindful of the privacy and sensitivity surrounding health issues. They might simply state that you left due to personal or health reasons rather than specifying it as a dismissal.
If asked about reasons for leaving your last job during the vetting process, it’s often best to be honest but tactful. You could frame it as a mutually challenging situation due to health reasons rather than a straightforward dismissal. This can help maintain transparency without necessarily reflecting poorly on you.
Employers are generally looking to confirm that your history aligns with the information you provided. If your dismissal was due to sickness and you can explain it reasonably, it shouldn’t automatically disqualify you. Employers are usually more concerned about issues like dishonesty, performance problems, or conduct-related dismissals.
Note: If your new employer were to withdraw the job offer based solely on your previous health-related dismissal, this could potentially raise questions about discrimination, particularly if the illness was related to a disability.
It might be worth preemptively addressing the situation with your new employer, especially if you feel the dismissal might be disclosed. Being upfront and framing the narrative positively can demonstrate integrity and control over your own story.
I hope this helps.
Working longer than employer had planned for - should you be paid?
Q. Hello can you please answer a question that’s been bugging me and has left me out off pocket I work as removals the company I work for quoted 11 hours to get to Scotland from brighton and load up then 11 hours to return and unload the job went 4.5 hours over plus had to use toll road for return and the company are saying they don’t have to pay the extra 4.5 hours and toll leaving me out off pocket.
A. When you say you work for the removal company, I take it you were employed by them? First thing you need to do is check your employment contract. How are you paid? Salaried or by the hour? If you’re on a salary, you will receive a regular wage. If you divide your wage by your working hours, and your hourly rate drops below the National Minimum Wage, then you are underpaid and can claim.
If you are on an hourly rate, regardless of how long your employer says the work will take, you should be paid all your working hours, including the additional 4.5.
In respect of the toll fees, if you are instructed to use the toll I suggest they should pay you. If it is your choice, you will have to bear the cost. Once again you should check your contract in this regard and if it is silent on this point, always establish where you stand before setting off, and get it in writing if possible. Just write an email asking that if you take a toll road or incur ferry charges etc, you will be reimbursed.
Employer threatening to cancel visa of overseas worker
Q. I just would like to ask what are my options if I will leave my job with employment contract for 3 Yrs due to work and health issues. I am from the Philippines and my visa is D-Skilled Worker visa. I just started here last April as a Carer in a Residential Home in England.(turning 6 months.)My employer paid everything with an agreement of salary deduction on a monthly basis. I have to settle everything he spend like the expenses for my exam,visa fees,home office,my plane tickets going here, etc. and he will cancel my visa if I decide to quit my job and i can go back to the Philippines as long as i will settle all my financial obligations to him with a remaining balance of £3400.I want a change of environment and continue to have a job to sustain my childrens needs / schooling and parents who are solely dependent on me.I really need your assistance in this matter and It would be greatly appreciated.
A. Firstly, your employer cannot cancel your visa. Only the Home Office can issue a Cancellation Notice and you will have the opportunity to challenge it if necessary. Your employer is under a duty to inform the Home Office if you leave employment, so my advice would be to seek alternative employment and then ask the Home Office to update your visa, before leaving your current job.
Unless you have agreed in writing to pay back any fees to your employer they are not recoverable from your wages. He/she could claim through the county court but, again, he/she must show there was an agreement that you would pay back any fees if you left early.
Useful Links
The legal bit. . .