ARTICLE
20 January 2021

Flowchart For Responding To Requests For Flexible Working

W
Walkers

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We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
There is no doubt that enforced working from home (‘WFH') during the early stages of the pandemic has accelerated changes in the way we work.
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There is no doubt that enforced working from home ('WFH') during the early stages of the pandemic has accelerated changes in the way we work. Partly motivated by the initial response to lockdown measures, partly by a need to accommodate individual circumstances, employers and employees have had to adapt to changes in where, how and when work is done.

Both Guernsey and Jersey have been fortunate in that employees have been able to return to workplaces that are relatively Covid-19 secure since lockdown measures were eased, but the legacy of WFH has led many employees to ask for temporary flexible working arrangements to be formalised.

Whilst in Jersey every employee has the statutory right to request flexible working in the form of a change to their contractual working hours, times of work or place of work, in Guernsey there is currently no equivalent right. However, the concept of flexible working was approved by Guernsey's government as part of the Longer Working Lives strategy in February 2018 when a proposition to progress an action plan for flexible working proposals along similar lines to Jersey and UK legislation was passed.

See our flowchart which shows the legal framework around flexible working requests in Jersey, which might also be a useful guide to any Guernsey employer considering introducing a non-statutory flexible working policy.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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