L J R writes: One of my staff has asked about working part time so she can
look after her ill child. She is asking to work 10 hours a week instead of
39. We are only a small business and find the request difficult to
implement. Is this classed as flexible working and how do I handle such a
request?
This is a flexible-working request, although not a formal one, writes Peter
Done, managing director of Peninsula. Your employee needs to put the request
in writing and set out that it is a request for flexible working along with
the change she wants to make, the date when she wants the change to happen,
describe what effect, if any, she thinks the change will make to you and how
this could be dealt with, and explain why she is eligible to make this
request.
Once she has made a formal request you have an obligation to consider it and
invite her to a meeting. You are not obliged to agree to the request,
although you should not unreasonably refuse it. At the meeting you can
discuss the request and look at other options that will meet both your needs
if you feel that you cannot agree to the request as it stands.
It may be that you can agree a solution that meets both your needs.
There are specific grounds on which you can refuse. They are: the burden of
additional costs, a detrimental effect on ability to meet customer demand;
an inability to reorganise work among existing staff; an inability to
recruit additional staff to cover the change; a detrimental impact on
quality; a detrimental impact on performance; an insufficiency of work
during the periods the employee proposes to work; or if you have any planned
structural changes.
Within 14 days of the meeting you need to set out in writing your decision,
with the right of appeal, explaining why you have refused the request having
reasonably considered all options.
ARE WE ELIGIBLE FOR SUPPORT?
A W writes: I have heard about the government’s efforts to help businesses
with cashflow difficulties by allowing them more time to pay their tax. My
business is up to date with its PAYE and Vat, but the loss of a client means
we will have a cashflow shortfall until June.
We have made redundancies to reduce the shortfall, but I assume the
initiative is intended for those with tax arrears rather than those, like
us, whose tax problems are yet to come. Is this correct — do we have to wait
until we are in arrears before we can use the scheme?
The government announced the Business Payment Support Service (BPSS) in
November in response to economic conditions, writes Jon Sutcliffe, partner
at Kingston Smith LLP. The telephone helpline aims to help you with payments
already due or where you anticipate that payments falling due will cause you
cashflow problems. It is therefore applicable to you and it is recommended
that you contact the BPSS now, rather than waiting until you are in arrears,
on 0845 302 1435. The helpline is open from 8am to 8pm Monday to Friday and
from 8am to 4pm at weekends.
Feedback on the helpline is positive, though there may be some delay because
it is dealing with high volumes of enquiries. When calling you should have
your tax reference number, details of the tax problem and basic details of
your firm’s income and outgoings to hand.
As a director you must remember you owe the company and creditors a fiduciary
duty. Agreeing a BPSS payment structure must be supported by an ability to
pay all your company’s creditors as and when payment falls due. If at any
time you feel your situation has become untenable, you should seek
specialist insolvency advice.
Kingston Smith LLP, the chartered accountant, and Peninsula, the
employment-law firm, can advise owner-managers on their problems. Send
questions to The Business Doctor, The Sunday Times, 1 Pennington Street,
London E98 1ST, or fax to 020 7782 5765. Advice is given without legal
responsibility.
bizdoc@kingstonsmith.co.uk
