Managing Flexi-Time Misuse: An Employer’s Challenge
The GHR Consulting team regularly has to deal with cases where employees adopt a year-round flexitime working arrangement without a formal agreement with their manager. Below is an example of a similar situation.
The Background
The employee was initially hired on a full-time contract of 8.30am to 5pm, Monday to Friday. The employee in question had gradually adopted a year-round flexi-time arrangement without any formal agreement and their unpredictable arrival times had significantly disrupted the team, causing other employees to take on a heavier workload.
As with most forward-thinking companies, the employer has tried to be flexible in dealing with the employee in question. However, it is crucial to address that the agreed working hours in the contract should be adhered to. Our first question in these cases is always “What hours of work are stipulated in the employment contract? We would also then explain whether ‘custom and practice’ could pose a problem. Custom and Practice is an implied turn, must be longstanding and followed by the parties over a long time. It must be reasonable with few if any deviations. In this case, the longer the employee was allowed to work alternative hours, the bigger the potential issue for the employer could be in getting them to revert to their contracted hours.
Ignoring the Issue
The situation outlined above is a classic case of an issue being ignored for too long. One common workplace issue is that managers often hesitate to confront employees, particularly those who are strong performers. Employers fear that addressing such issues might lead to losing valuable employees in a tight employment market. The employee has likely taken advantage of the employer’s leniency, gradually adjusting their work hours to suit their personal schedule. Continuous communication about clear working terms is required along with a formal written agreement of any changes to an employee’s working hours.
Addressing the Issue
In this case, it is still possible to address the issue with the employee. We would also recommend a professional, mature conversation, explaining how their current work practices impact the rest of the team. This approach can help in realigning the employee’s work habits with the contractual expectations. Allowing such practices to develop unchecked can lead to a lax company culture, which is challenging to reverse and hard to defend in court if formal policies are not enforced. In this case, the employer should have intervened earlier to maintain consistent standards of behaviour.
Conclusion
In conclusion, it is vital to uphold the agreed working hours as specified in the employee’s contract and to communicate the importance of this expectation clearly and consistently. Addressing the issue head-on, while maintaining a fair and mature dialogue, can help rectify the situation and prevent further disruption to the team.