Working Families - Flexible Working Guide
Working Families - Flexible Working Guide
Many people feel nervous about negotiating - especially with their bosses at work. However, parents are often very experienced at this - spending much of their time in negotiation with their children - about doing homework, behaviour with siblings, how much TV they can watch, what time they should go to bed etc. It might not feel the same as negotiating with a boss but the skills are basically the same so don't be nervous!
Before you approach your boss to discuss the matter further, think about the strengths and weaknesses of your case. If you are clear about these, you will know how hard you can push for what you want. Consult our factsheet on flexible working or ring the helpline to assess whether you have a strong legal case. Remember, you have a right of appeal under the right to request flexible working, which you must exercise within 14 days of being turned down.
As well as looking at the legal side of things - think about the strengths and weaknesses of your case more broadly. If your boss would find it very difficult to replace you, and you know someone who does the same job as you as a job-sharer in another department, you are in a strong position and you can afford to be quite demanding. If you know you would be quite easily replaced, and the nature of your work would make it quite difficult to change your working arrangements, you are not in such a strong position and you may need to think about what you would be willing to give way on. You may need to be more flexible and offer your boss a number of options. Remember though that you may have strong legal rights despite being in a weak position in other ways.
Present your position - explain what difficulties you are facing and how you hope to resolve them
Suggest "what ifs", inviting your employer to comment in principle, rather than make firm commitments. In this way you can see what they might agree to and what their sticking points are - they will feel more able to be honest without being held to firm commitments
Start by trying to understand their concerns and get used to their negotiating style
Start to make offers and discuss ideas
Try to build confidence by agreeing on the easier areas
Don't get stuck on a particularly difficult issue, agree to set it aside and come back to it later
Rather than focusing on one particular idea, think about what result you want. Try to gain your employer's support for helping you obtain that result. You can then work together to try and think of possible ways of reaching that goal. Try to generate as many options as possible and think imaginatively about the problem. Your boss may even suggest solutions that you had not thought of
An example of this style of negotiating is as follows: you say you want to work four days a week - your boss immediately sees problems with continuity for customers and refuses you. You will probably feel angry and become even more determined to argue for your four-day week. She will probably become more entrenched in her refusal and you will end up failing to reach an agreement.
By approaching this another way, you may be more successful. You could explain to your boss that you want to spend more time with your children and would like to discuss options with her. If you can win her over to the basic principle of making a change, you can then work together to find a solution, rather than taking up opposing positions. She may agree to a shorter working day every day, rather than a four-day week. This may satisfy your wish to have more time with your children and hers to maintain continuity for customers.
When you are discussing your proposal:
Try to focus on the problem rather than the people involved
Try to avoid being personally critical
Stay positive by making comments like "I really like the sound of that, I just wonder whether we could try two days working from home rather than one". "I understand your anxiety about it - perhaps we could start off on a trial basis for three months to see how it works?"
Avoid getting stuck on an ultimatum if you can at all help it
Look for mutual interests and concentrate on trying to find a solution which will satisfy both of you
Think about what is really important to you and what you might be willing to give way on. To what extent would you trade one thing for another? What is your bottom line? What is your contingency plan - e.g. can you afford to resign, would you take your employer to a tribunal? Would you go back full-time while you look for another job?
Also think about other people you might be able to involve to try to get the result you want. Is there someone in human resources or a more senior/junior manager who might support your case? Think about how you might get them to intervene on your behalf.
If you are able to reach agreement, make sure you say what you understand has been agreed so that everyone is clear. It is a good idea to put it down in writing, either at the time or in a follow up letter. This need not be terribly formal. It could simply thank your boss for his/her help in reaching the agreement to .. work four days a week, work one day a week from home etc. If you are not able to agree, you can always suggest returning to the issue on another occasion. If that is not an option, you will have to think about whether you have any legal remedies in your particular situation and whether you want to use them.
You can take further advice from the Working Families helpline 0800 013 0313.
You may also want to think about practical solutions such as changing your childcare or trying to get another job.
Examples of Successful Negotiations
A travel agent wanted to job-share on her return from maternity leave but her employer initially turned her down. She was worried about how she would manage two workers and thought that a lot of time would be wasted explaining things twice. She was also concerned that customers would object to the lack of continuity.
The employee rang round some of the larger travel agencies and found that some did operate job-shares successfully. She asked to meet her boss to discuss the job-share further.
She was able to provide information about how job-sharing worked in other agencies:
She emphasised the benefits such as the fact that the employer would have two sets of ideas, skills and experience for the price of one. The employer would also have two workers who would be fresh and focused on their work.
When recruiting a job-share partner, the employer would have access to a wider range of quality candidates because all travel agents looking to work part-time would be chasing a limited number of positions.
She reassured her boss that if records were well kept then the lack of continuity should not affect the service.
Other job-sharers had reported that their customers were usually more than happy with the arrangement, as long as they were told from the outset that two people would be dealing with their holiday.
She also emphasised the qualities and contacts she brought to the agency.
She suggested that if she were not accommodated she might have to move on and her employer would have to bear the costs and inconvenience of recruiting and training a new full-timer.
The employer was still reluctant so the employee left a written proposal, containing her evidence about job-sharing in the industry, with her employer so that she could think about it. After discussing it further she agreed and advertised for a job-share partner.
A full-time secretary wanted to adjust her hours in order to collect her daughter from school. The person she worked for would not accept this as he felt he needed someone there until the end of the day to type urgent faxes etc. Initially the secretary tried to negotiate on this point arguing that her boss always worked later than her anyway and so there was always work not done at the end of his day. It would only require a slight readjustment in working patterns. However he was adamant that he would not be happy with it.
She considered her legal options but decided it would be too stressful to pursue a legal claim against her employer. She explained to her human resources manager what she was trying to achieve and asked her for suggestions about what they might be able to offer. Human Resources came back with the idea of becoming a "float secretary" covering for absence and emergencies. This was a good solution which enabled the secretary to work 8.30am - 3.00pm, on pro rata pay and conditions. She was able to make up some of the money she had lost by taking on some private typing which she fitted in when her children were asleep.