FLEXIBLE WORKING
Management Guidance
Flexible Working
Background Page 3
Reasons for Flexible Working Page 4
What is Flexible Working? Page 5
Considering a request for flexible working Page 6
Team Working Page 8
Discussing & agreeing flexible working Page 9
Refusing flexible working Page 10
Managing flexible workers Page 12
Developing flexible workers Page 14
Reviewing flexible working Page 15
Making flexible working a success Page 16
Other flexible working practices Page 18
Examples Page 19
Appendix A Page 22
Appendix B Page 38
Appendix C Page 39
Appendix D Page 40
Flexible Working 2
Background
This guide has been produced to assist line managers in assessing requests for
flexible working and to then manage, develop and support flexible workers.
Flexible Working – The Right to Apply gives individuals the right to request changes
to their working hours, location or pattern. As a line manager you have a duty to
consider such requests seriously. All posts within the Force are potentially suitable
for some form of flexible working, with each request being considered on it’s merits
at the time of application.
Flexible working has been around in a less formalised way for a number of years.
Part time working is the most commonly recognised, however other arrangements
such as working from home, changing shift patterns and so on have worked
effectively for both sides. In the past, this has often been for welfare, health or other
reasons but it does demonstrate that people can work “outside the norm” without
having a negative impact on performance.
Traditionally, part-time working and career breaks have been popular flexible
working options. As at December 2005 the number of people taking advantage of
these arrangements stood at:
Option Male Female Total
Part-time Police Officers 17 138 155
Part-time Police Staff 78 385 463
Career Breaks Police Officers 15 15 30
Career Breaks Police Staff 3 18 21
Nationally, 19% of Police Staff are part-time and 3.4% of Police Officers
work part-time. However, in Local Authorities (not including Police and
Fire Services), 52.3% of jobs are part-time and 49.7% are full time.
Many managers deal effectively with requests they receive, however a number of
managers have expressed a wish for more guidance on how to approach this issue,
particularly in the early stages, in a way that benefits both the organisation and the
individual.
In addition, you do not have to wait for a request from someone to start thinking
about how flexible working could improve the quality or effectiveness of the service
you provide. Perhaps it’s something you could discuss with your team?
This guide is still a “work in progress” and your comments, ideas and suggestions for
improving this guidance would be very much appreciated.
This guide should be read as an accompaniment to Policy L09 Work Life Balance
Policies - section 13 and is not designed to replace it.
Flexible Working 3
Reasons for Flexible Working
Good working practices that benefit both the organisation and the individual are
important in helping the Force to successfully achieve it’s objectives. Parents, carers,
disabled and older people may be excluded from employment by the hours or
location of a job. Any barriers to the employment and retention of people will impact
on the efficiency and productivity of the Force. Flexible working can help individuals
to balance their home and work responsibilities. For the Force, flexible working can
help to attract a more diverse pool of applicants to work for us and help to retain the
best people. A positive step in supporting people’s employment needs may also
improve relations with local communities and enhance the reputation of the Force.
Offering flexible working makes good business sense. As well as providing a better
quality of life, flexible working makes the Force more attractive as an employer to:
The smaller pool of talent from which we recruit
An increasingly global market
An increasingly virtual workplace
A vastly diverse workforce – in terms of age, sex, race and culture
Those wanting to access a form of flexible working at a particular point in
their life
There are a number of advantages and benefits in utilising flexible working, these
can include:
Reduced cost of recruitment, induction and training if individuals are retained
rather than leaving the Force
Reduction in sickness and absence
Improved public satisfaction, through improved service delivery
Increase in productivity and morale1
Greater degree of loyalty and commitment
Increase in the number of women returning from maternity leave
More flexible and cost effective deployment of resources and technology, for
example the ability to make additional personnel available at times of high
demand
1
See Appendix B
Flexible Working 4
What is flexible working?
Flexible Working is an arrangement that leads to a change in an individual’s working
pattern, hours or work location. Whenever you receive an application for flexible
working try to consider it with an open mind and use it as an opportunity to explore
more effective ways of working. Although a proposal may cause short term
difficulties in implementation, think about the long term benefit of the arrangement.
Flexible working should not be viewed as an “add on” to the way we work but
integrated into plans and strategies to improve service delivery.
The Flexible Working (Procedural Requirements) Regulations 2002
Legislation relating to Flexible Working came into force in April 2003. This gave
parents with children under the age of 6 (or 18 if the child is disabled) the right to
request a change to their working pattern, hours or location after completing 6
months service. Further information can be found at:
http://www.dti.gov.uk/er/flexible.htm
Flexible Working in Kent Police
In July 2004, the Force elected to extend the right to request flexible working to all
police officers and police staff who have completed their probationary period.
Applications can also be made under the legislative provisions for those parents who
qualify.
There are many reasons why someone may wish to vary their hours, workplace or
working pattern including:-
Childcare
Caring for other dependant family members
Religious observance
Voluntary work
Approaching retirement
Disability related
Pursue educational qualifications
Personal commitments or other interests
However, the reason for the request is not what is important. It is whether the
proposed working arrangement fits with both Force and personal needs that has to
be considered. You may be presented with a request that seems unrealistic. The
challenge for you is to seek to accommodate flexible working or to provide a viable
compromise where you can.
What must be included in an application?
The application must be made in writing, setting out the proposed flexible working
arrangement. It should state how the individual thinks this working arrangement will
impact on the team and the Force and should suggest how any negative impact
could be dealt with. The application should state when the individual would like the
new arrangement to be effective from. Only once all this information is complete will
you be able to begin considering the request.
What kinds of flexible working are available?
There are many flexible working arrangements that the Force will consider. These
are detailed in Appendix A. Obviously some of these options will be more suited to
certain roles than others.
Flexible Working 5
Considering a Request for Flexible Working
Having received an application for flexible working you will need to consider the
request, ensuring that the procedure advised in Policy L09 Work Life Balance Policies
- section 13 are followed.
You must also adhere to the timescales set in the process (see Appendix C). Failure
to adhere to these timescales could result in a complaint to the Employment
Tribunal. Even if this is not the case, discussions about flexible working
arrangements should not go on for a protracted length of time.
There are a number of factors you will need to consider before reaching your
decision. You might want to think about these issues before your meeting with the
individual.
The Job
These are some of the issues you may need to consider in determining what impact
the suggested working arrangement may have on getting the job done effectively.
What are the post requirements and are there any essential operational
requirements?
Separate the essential outputs from the desirable.
Identify the appropriate core skills.
Consider if there are any lower priority tasks for which a longer timescale
would be acceptable provided certain key targets continue to be met.
Are there tasks that are no longer required or would be better done by
someone else?
Who does the post holder interact with? Consider internal & external contacts
Is there enough work available during the days/times requested?
Does the post have clear objectives and measurable outputs?
Will the working arrangement suggested be detrimental to the speed or
quality of the service provided or to the efficient working of others?
Are there elements of the work that could be done by others (without
overburdening them)
What are the demands of the job – is there a steady steam of work or are
there peaks and troughs
Does the provision of appropriate quality of service in this area of work
require :
• Emergency cover
• On call rota
• Team briefings
• Service level agreements regarding officer contact
• Continuity
• Reactive work allocation
Does the arrangement fit with, or impact on the following:
• Peaks and troughs in demand
• Staff turnover
• Levels of sickness
• Local geography
• Composition of neighbourhoods
• Seasonal variation
• Public order requirements and volatility
The Person
Flexible workers need to have the same personal characteristics you would hope to
find in all your team, for example:
Flexible Working 6
Being self motivated, self reliant and disciplined, possibly without direct
supervision
Ability to complete work to deadlines
Initiative, flexibility and time management skills
Good communicator via telephone and in writing
Independent and resourceful and able to make good decisions on their own
Keep managers and colleagues informed about their work
Can comfortably use the technology needed for their job
However, for some flexible working options, particularly where an individual is
working alone (either at Home or outside of standard hours), you will need to
consider potential problems associated with isolation, such as lack of support and
social interaction.
Other Considerations
Will there be any additional costs incurred as a result of the working
arrangement? If there are, these may be cheaper than the cost of recruiting
or training someone new!
Will the proposed working arrangement, if it involves a change to the working
pattern, fit with any identified minimum and maximum staffing levels? Are
these staffing levels still accurate?
Do your resources match up with the demands of your service users? Could
utilising flexible working produce a better service?
Will there be any impact on the skills balance needed for the efficient working
of the team?
What are the shift demands – will the proposed arrangement match demand?
What other arrangements might be appropriate in the area of work?
Are there other roles within your team that may be better suited to the
proposed working arrangements and also match the career aspirations of the
individual applying? You may also be able to consider secondments or
attachments to other roles.
Will the working pattern enable the individual to perform better as their
Work-Life Balance is enhanced?
Look at the working pattern of all team members and consider the flexibility,
if any, that already exists within the team.
Decide whether there might be potential bottlenecks, or whether someone
working a flexible pattern could provide a better balance within the team.
Flexible Working 7
Team working
Many people working for the Force belong to a team and their proposed working
arrangement may have an impact on the team as a whole or on particular individuals
within a team. In considering a flexible working request you may therefore need to
discuss the suggestion with other members of the team. You should invite the
person making the application to take part in this discussion. You will need to focus
on how the proposed arrangement could be accommodated and what effects this will
have on the service and on other people.
Particularly when considering a new flexible working arrangement, e.g. changing
from Office to Home Based Working (which may be requested by a number of
people), it is important for the team to get together to discuss how the change will
affect the way in which the team works. You will want the team to agree a set of
ground rules that they all buy into, which will guide how the team works. For
example they should discuss and agree:
Clarity around objectives and direction
Clarity around roles and accountabilities
Arrangements for suggesting and following through new ideas etc.
Clarity on working hours – some people are “early birds” while others are
“night owls”
Contact arrangements between team members and other contacts
How to deal with problems and resolve difficulties
How the team will cooperate in scheduling work and sharing responsibilities
for dealing with unexpected pressures and crises
A commitment to learning and improvement
How they will share information
How they will communicate with and support each other
Agree to be sensitive to others’ needs and feelings
How all team members will be involved and included within the team
Administrative matters – post, backing up data, IT support
Equipment – how to resolve technical problems and what contingency
arrangements need to be made
Flexible Working 8
Discussing a Flexible Working Request
At your meeting with the individual you will need to clarify what is being asked for
and discuss how the arrangement could be accommodated. Talk through the
advantages and disadvantages of what is being requested. If you think there may be
some difficulties about the requested arrangement, let the individual know as they
may have a solution you had not thought about. You may also want to discuss some
alternative arrangement that you think may work or suggest other ideas that would
meet the needs of both the Force and the individual. There should be an open and
two way dialogue between both parties with the view to reaching an agreement
about what could be accommodated.
You do not have to let the individual know your final decision at the meeting, indeed
you may want some more time to consider the proposal, perhaps by discussing it
further with your line manager or personnel, before making your decision. You may
also want to consider allowing the working arrangement for a trial period to see how
it works out. This period should enable you to establish if the arrangement causes
any unexpected problems with productivity or service delivery and that the
arrangement delivers the predicted benefits.
Agreeing a Flexible Working Request
Inevitably some Flexible Working requests will be easier to agree than others.
Where you are able to agree a request, the decision should be confirmed in writing,
specifying the working arrangement and the start date.
You may need to agree a timetable for moving over to a different way of working,
particularly if more than one person is changing their working arrangement. You will
also need to determine when the arrangement will first be reviewed to determine
whether it meets it’s objectives or not.
Flexible Working 9
Refusing a Flexible Working Request
There will also be occasions where, despite discussions around how the
arrangement, or a variation on it, could be accommodated, you feel that you have to
turn down a request for flexible working. It may be the case that you have already
accommodated a number of flexible working requests within your team and it is not
possible to consider any further requests, at that time, as it would affect operational
capability and service delivery.
You must discuss any refusal of flexible working with your Human Resources Adviser
before notifying the individual. If you do refuse a request you will have to provide a
justifiable reason, with legitimate evidence, for doing so. Your reasoning must fall
within one of these criteria:
Burden of additional costs
Detrimental effect on the ability of the Force to meet customer demand
Inability to reorganise work among existing resources
Inability to recruit additional resources
Detrimental impact on quality or performance
Insufficiency of work during the periods the applicant proposes to work
If there is an intention to restructure or reorganise pending
In order to refuse a request you will need to demonstrate that you have considered
the request thoroughly and that the Force’s needs (whether operationally,
administratively or financially) outweighed the detrimental impact on the individual.
To do this you will need to:
Establish a clear paper trail of all relevant meetings and conversations that
take place with the individual and with any other parties in considering the
individual’s request.
Avoid making assumptions about what may or may not work. Try to test out
the potential implications of the new working arrangement – this could
involve agreeing to trial the arrangement for a specified period. If you do
this, ensure that you thoroughly review the arrangement with the individual
and make sure that the outcome of the review is clear to all.
Consider any alternative arrangements / suggestions made by the individual
to overcome or mitigate the consequences that have been identified with the
proposed working arrangements.
Flexible Working 10
Explain fully to the individual the reasons for the refusal and, where
appropriate, share with them the results of any analysis/testing etc. that you
may have done in considering the request. You will need to also confirm your
decision in writing to the individual within 14 days of your meeting.
Ensure that all correspondence with the individual sets out the reasons for
the refusal as accurately and comprehensively as possible.
However, even if the reason for refusing a flexible working request falls within one or
more of the permitted grounds, your refusal could still amount to discrimination on
the grounds of sex, race or disability unless it can be objectively justified. For
example, a mother requesting to work part-time who has her application turned
down (and therefore is required to continue working full time), may be considered by
an Employment Tribunal to have been indirectly discriminated against because a
greater proportion of women have child caring responsibilities.
For this reason you must show that there was a sensible and objective justification
for requiring a particular individual to continue to work his or her existing work
pattern, which is unrelated to his or her sex. Appendix D gives further details on case
law relating to flexible working.
Where possible, agree with the individual concerned that you will look again at their
request where any of the circumstances change that resulted in their application
being refused.
Flexible Working 11
Managing Flexible Workers
Managing flexible workers can be difficult, particularly if you do not see them for
much of the time they are working. You have to set in place ways of measuring
performance and trust your team to deliver the agreed objectives. Listed below are
a number of ways to help you do this:
Be forward thinking, re-examining existing team design to enhance service
provision by varied working arrangements (e.g. early starts, later finishes,
extra days); and re-examining procedures and systems to concentrate on
performance, attitudes and behaviours and resolving problems.
Set out your expectations about the job. Be clear on the standards you set.
Specify what needs to be done and when it needs to be done by. Consider
whether job guidance notes may need to be drawn up.
Communicate the new arrangements with all relevant parties and explain the
benefits of supporting flexible working.
Don’t make assumptions about flexible workers. Some flexible workers will be
able to accommodate requests or changes more easily than others
depending on personal circumstances.
Be clear on how you will monitor work and evaluate progress. Set objectives
and ways of measuring output.
Be clear on how you will monitor workloads and performance. Part-time
workers can easily be overloaded because they are allocated work or their
performance assessed on the basis of a “normal” full time workload. For
example, do part-time workers get as great a proportion of time to follow up
crime reports or do they tend to be on shifts with more reactive duty time
more often? This could affect their clear up rate.
Set in place systems for ensuring that those working flexibly know about
events and decisions made in their absence.
Ensure that the rest of the team and other relevant contacts are aware of
everyone’s working arrangements, when they will be available and what the
impact may be.
Wherever possible, rotate arrangements for team meetings so that they are
held when flexible workers are working. Give as much notice as possible for
any major team events (such as awaydays) so that flexible workers can try to
make arrangements to attend if the event falls on a non-working day.
Ensure systems are in place to update any team member who is unable to
attend a meeting etc. about what was discussed and any decisions made.
You may be able to match a flexible worker with a “buddy” who can update
them on what’s been happening while they’ve been out of the office.
Flexible Working 12
Deal with comments from colleagues, such as “another half day” which are
usually intended to be light-hearted but can make a flexible worker feel
harassed or guilty about being seen as not pulling their weight.
Consider the possibility of using a “handover note” to assist flexible workers.
This will let them know what’s been happening and keep them up to date
with important information.
If you have a job share arrangement in your team, consider setting up a
shared e-mail address (perhaps the name of the post). This should help to
avoid the possible duplication of work where the job sharers receive the same
message and both respond (or neither respond because they think the other
has done it!).
Where line management responsibility for someone is shared, establish at the
start which line manager will be responsible for what aspects of management
and especially how performance monitoring and appraisal systems will work.
Regularly review how a flexible arrangement is working to ensure it is meeting
the needs of both the business and the individual.
Is training or mentoring needed to help supervisors manage new ways of
working successfully?
Tackle problems as they arise – do not wait for formal reviews. If standards
are slipping or the flexible worker is floundering, address the issue at the
earliest opportunity.
Deal with any abuses of flexible working quickly. Flexibility is not an excuse
for a lack of self discipline. Gather the evidence and talk to the individual.
Remind him/her that flexible working is an agreed way of helping them to
balance their work and personal commitments and in return you need their
co-operation.
Remind the individual that it is in his/her best interest to ensure the flexible
working arrangement works. There has to be a willingness to communicate
on both sides. The individual has to talk to colleagues to find out what’s been
happening and to let them know when they’re next in.
Flexible Working 13
Developing Flexible Workers
Many of the ways that you develop your team will work for flexible workers. Listed
below are a number of other suggestions to help you:
Re-assure people that commitment is not judged on when the work is done
but on the performance, delivery and output that is achieved.
Actively encourage those working flexibly to apply for promotion. Suggest
ways to “sell” their working arrangement so that another manager sees the
benefits and opportunities.
Seek out role models – could you be one yourself? Learn from other parts of
the Force
Encourage flexible workers to develop their skills by varying the tasks they
are required to do.
Be available and approachable to those experiencing difficulties.
Make sure that a new team member who is working flexibly receives a proper
induction – it is easy to overlook them if they are doing something different.
Flexible workers should not be disadvantaged with regard to access to
developmental opportunities. If a flexible worker has to undertake some
training then you may need to consider alternative methods such as distance
learning, using alternative venues, temporarily accommodating course start
and finish times or modular training.
Where problems arise, seek out long term solutions rather than short term
fixes. This will benefit the whole team.
Flexible Working 14
Reviewing Flexible Working Arrangements
Even if you have agreed a flexible working arrangement without a trial period you
will still need to review working arrangements, particularly before a PDR discussion.
In reviewing an arrangement you will need to take into account:
Effect on service delivery
Effect on the Team
Benefits to the individual
Feedback from and views of your service users
Support needs of the individual, including supervision, performance
measurement, training, access to building or equipment
You may also need to look at the flexible working arrangements within your team
following any restructuring or changes in Resourcing levels within your unit. On
occasions this may result in flexible working patterns having to be re-negotiated or
even cease. Consultation must take place with the individual prior to any changes
that may affect their flexible working pattern. You must contact your Human
Resources Adviser if you are considering this course of action.
Flexible Working 15
Making Flexible Working a Success
For flexible working to be successful everyone needs to understand the rationale,
advantages and benefits of making flexible working available to all. The working
culture of the Force needs to be seen as being supportive and people need to feel
confident that exploring opportunities to work flexibly will not call into question their
commitment or career intentions.
There are a number of guiding principals to making flexible working a success:
Offering, welcoming and supporting, wherever possible, a diversity of working
patterns. Try to work on the presumption that all jobs can be done in non
traditional ways.
Share good practice – there are many innovative working practices across the
Force that others do not know about! Others could learn from your
experience. Additionally, if you advertise an internal vacancy, telling people
that you support flexible working may attract higher quality applicants, help
retain those with Police knowledge and enhance career development
opportunities.
Flexible working is not an automatic entitlement and will not suit every work
situation, but where it meets the needs of the Force and the individual, it can
have tangible benefits.
Everyone, whether working flexibly or not should understand how it benefits
the work situation. Otherwise resentment can build against those perceived
to be at an advantage by working flexibly. Care should be taken to ensure
that revising one person’s working patterns does not overburden another.
Those working less than full time should not be seen by management as less
committed to the Force or less interested in career development and
promotion. Research has shown that many people do not take up flexible
working options because of the perceived negative impact in career
development.
Workloads should be adjusted to take account of the hours worked.
Trust is an essential part of flexible working. The emphasis must be on
managing performance not presence. Usually people respond very positively
to the trust placed in them.
Time management and establishing work priorities are significant factors in
the success of working flexibly. Motivation and self-discipline are important
too.
Communication processes need to take into account that not all the relevant
people will be there throughout the week, although many will be accessible
through e-mail or by telephone. Everyone need to be clear about when
flexible workers are accessible and how to contact them. Flexible workers
need to let others know when they will be in the workplace for face-to-face
contact.
Flexible Working 16
Managers need to ensure regular contact with all their team, for information
exchange, support and to review progress. Flexible workers can sometimes
feel isolated. Meetings should be arranged so the majority of relevant people
can attend them. Generous advance notice for important meetings /
significant events can help this. Those who are unable to attend should be
offered the opportunity to comment on the agenda and be updated on the
outcome after.
Value and reward the contribution made by an individual, not the hours spent
at work. Look for “SMART” ways of doing things that will make a difference,
don’t just do something in a particular way because it has always been done
that way.
Individuals working non standard hours need, where possible, to be flexible
and be available to work outside their agreed hours occasionally.
Encourage anyone who wishes to do so to work at home, if there is work that
can be done equally well there rather than in the office. Managers and their
teams are responsible for ensuring that the agreed work is completed as
appropriate.
Flexible Working 17
Other Flexible Working Practices
The Force also has a range of other flexible working practices. More details on these
can be found by referring to the relevant policy.
L09 Work Life Balance Policies
L04 Leave Policy
Flexible Working 18
Flexible Working Examples
Term-time working for a uniform patrol officer
In this case the officer agreed to work a 35 hour week on average over a 12 month
period, which entitled her to 32.5 free days. During term time the officer would work
40 hours and the free days were slotted in with annual leave to cover school
holidays. This worked by the officer taking 14 days annual leave at Easter and
Christmas and she used the 32.5 days in the summer holidays, giving 6 weeks. The
half term holidays were covered by her partner and other family members. The
officer felt that this arrangement worked well because she wanted to work less
hours, but not fewer days per week and it gave her a break from shift work. For the
Force, it meant an experienced officer was retained within the team.
Compressed Working
Current Working Arrangements
Everyone takes a 1 hour lunch break. Full time staff work 37 hours per week
*current job share arrangement
Mon Tues Wed Thurs Fri
Kay Start 08:15 08:15 08:15 08:15 08:15
Finish 16:45 16.45 16.45 16.45 16:15
Bob Start 08:15 08:15 08:15 08:15 08:15
Finish 16.45 16.45 16.45 16.45 16:15
Ray Start 09:00 09:00 09:00 09:00 09:00
Finish 17:30 17:30 17:30 17:30 17:00
Sam Start 09:00 09:00 09:00 09:00 09:00
Finish 17:30 17:30 17:30 17:30 17:00
Tom Start 08:15 08:15 08:15 08:15 08:15
Finish 16.45 16.45 16.45 16.45 16:15
Phil* Start 08:15 08:15 Off Off Off
Finish 16.45 16.45
Tess* Start Off Off 08:15 08:15 08:15
Finish 16.45 16.45 16:15
Flexible Working Arrangements – 4 1/2 day week
In this example, everyone continues to take a 1 hour lunch break
# chooses to remain on original working hours
* Job share arrangement
Mon Tues Wed Thurs Fri
Kay Start 08:00 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15 12:00
Bob Start 08:00 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15 12:00
Ray Start 13:15 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15 17:15
Sam Start 11:45 08:00 08:00 08:00 08:00
Finish 16:45 16:45 16:45 16:45 16:45
Tom# Start 08:15 08:15 08:15 08:15 08:15
Finish 16.45 16.45 16.45 16.45 16:15
Phil Start 08:15 08:15 Off Off Off
Finish 16.45 16.45
Tess Start Off Off 08:15 08:15 08:15
Finish 16.45 16.45 16:15
Flexible Working 19
Flexible Working Arrangements – 9 Day Fortnight
In this example, everyone continues to take a 1 hour lunch break. People working
this option work 74 hours over 9 days.
#chooses to remain on original working hours
* job share arrangement
Week 1 Mon Tues Wed Thurs Fri
Kay Start Off 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15
Bob Start 08:00 08:00 08:00 08:00 Off
Finish 17:15 17:15 17:15 17:15
Ray Start 08:00 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15 17:15
Sam Start 08:00 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15 17:15
Tom# Start 08:15 08:15 08:15 08:15 08:15
Finish 16.45 16.45 16.45 16.45 16:15
Phil* Start 08:15 08:15 Off Off Off
Finish 16:45 16:45
Tess* Start Off Off 08:15 08:15 08:15
Finish 16:45 16:45 16:15
Week 2 Mon Tues Wed Thurs Fri
Kay Start 08:00 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15 17:15
Bob Start 08:00 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15 17:15
Ray Start Off 08:00 08:00 08:00 08:00
Finish 17:15 17:15 17:15 17:15
Sam Start 08:00 08:00 08:00 08:00 Off
Finish 17:15 17:15 17:15 17:15
Tom# Start 08:15 08:15 08:15 08:15 08:15
Finish 16.45 16.45 16.45 16.45 16:15
Phil Start 08:15 08:15 Off Off Off
Finish 16:45 16:45
Tess Start Off Off 08:15 08:15 08:15
Finish 16:45 16:45 16:15
Fixed Shiftworking
In this case a police officer works in a busy city centre on rotating shifts. He
has two preschool children. His partner has recently been accepted for a
full-time degree course in the local university. They realise that for her to be
able to attend full-time education, they must pay out substantial fees in
childcare as he will be unable, owing to his roster, to care for the children.
The officer makes an application to work flexibly on fixed shifts. He
volunteers a duty roster where he works night duty permanently, rotating his
days off over five weeks, so that he can have time off with his children.
Essentially, the officer has the same rest day rota as his colleagues, but
stays on night duty instead of changing to days.
His application is rejected on operational grounds. Basically, there is no
need for an additional officer in the early half of the week on nights, which is
traditionally quieter than the weekend in the area in which he works.
He then seeks a mutually beneficial compromise, instead agreeing to fix his
Flexible Working 20
days off as Monday-Wednesday and agreeing to work 4 x 10-hour nights
Thursday-Sunday. Although he does not get a weekend off in the cycle, he
can always take leave or volunteer to work a re-rostered workday to
accommodate any time off at the weekend he needs. This is because he is
additional to the shift and therefore a welcome bonus.
Flexible Working 21
Appendix A
Annualised Hours
What is it?
It is a way of organising working time on the basis of the number of hours to be
worked over a year rather than a fixed number every week or month.
How does it work?
A number of committed hours are usually scheduled over the year with the
remaining hours kept in reserve to be used according to service needs. For example,
someone could have a contract for 1300 hours per year (this would include an
annual leave entitlement). Duties for known periods of demand could then be
scheduled in (taking into account the requirements of the Working Time Regulations,
particularly at times of highest demand). Annualised hours working is particularly
useful in covering peaks and troughs of demand. Examples could include a PCSO
working in a coastal region which is busy in the summer but not during the winter or
someone working in Finance who is busy at the end/start of the financial year but
less so at other times.
Benefits and Problems
Potential Benefits Potential Problems
Allows those with outside responsibilities Can be complex to administer, monitor
more time to deal with them and supervise
Fluctuations in pay over the year can be Will need to have an agreed procedure if
reduced as salary is spread over 12 someone leaves owing hours
months
Individuals can take responsibility for Supervisers/managers may have to do
designing and implementing the rota more work to manage the arrangement
Teamworking can be enhanced and May be asked to work extra hours at
cover can be agreed within a team short notice. If this is not possible, then
alternative resources may have to be
found
Can have longer blocks of free time Leave arrangements may have to be
planned well in advance
Can reduce or eliminate overtime costs Need to plan ahead so that a deficit of
hours does not build up
Can match staffing levels to fluctuating Will be required to work longer hours at
workloads, particularly seasonal peak times
variations in supply and demand
Can increase flexibility in working time
and working practices
Can remove the need to employ
temporary or agency staff to cover
absence, unpredicted events or major
fluctuations in workload
Points to consider
Ensure that longer working periods do not lead to excessive tiredness or
infringe the Working Time Directive Policy L04 Leave Policy - section 4
Define when shorter/longer hours are appropriate to the needs of the service.
Flexible Working 22
Limit the amount of time deficits/surplus that may build up. When people
leave or change jobs, surplus time is usually paid up. Deficits are usually
deducted from the final salary payment.
Think about personal safety, access to buildings and availability of IT and
other support services.
Plenty of notice should be given when requiring people to work reserve
hours.
Consider the impact on other team members of another working on an
annualised hours contract. They should not be subject to an undue burden
of work during periods of absence.
Work performed without supervision should be monitored against preset
targets. Care needs to be taken to ensure that such targets are reasonable
and achievable in the circumstances.
Evaluate the arrangement. It is important to gain feedback from individuals
and other service users and to evaluate the success of the working
arrangement.
Flexible Working 23
Compressed Hours
What is it?
Compressed hours working involves individuals working their total contracted hours
over a shorter number of days.
How does it work?
It usually involves working four or four and a half days per week, or nine days out of
ten in a fortnight. Compressed working has been going on within the Force for many
years, e.g. Core Sections working 10 hour shifts. Compressed working has been
tried in other parts of the organisation and further information can be found in the
Work-Life Balance Intranet section at
http://insite.netr.kent.police.uk/people_zone/line_managers/line_manager.html -
worklife_balance
Benefits and Problems
Potential Benefits Potential Problems
May help to accommodate individual The length of the days worked can lead
needs without reducing overall time to fatigue
worked/pay received.
Can be made available at many levels of Those with caring responsibilities may
the Force (perhaps where overtime or have difficulty in finding suitable care
flexitime are not available) arrangements that accommodate
extended working hours
Helps to retain those with caring, If people are working longer days there
educational or personal commitments is less scope for overtime to be worked
should there be an unexpected demand
Can help reduce absenteeism if personal May need to find/develop additional
needs are met resources to cover non-working days
More days off to do other things away Risk that those working longer days may
from work have higher levels of absenteeism.
Fewer journeys into work per week,
saving on time and money and reducing
town congestion and carbon emissions
Points to Consider
Line managers must be satisfied that adequate cover, by appropriately skilled
people, is available to ensure that service delivery is not impaired on the days
when less people are available. However, this also offers up opportunities to
develop others.
The team should be consulted before an agreement is given to compressed
hours working.
It may be necessary to limit the number of people who are absent at any
particular time. Consider regular commitments or duties and the number of
people needed to adequately resource them.
Other members of the team should not be subject to an undue burden of
work during the absences of those working compressed hours.
Work performed without supervision should be monitored against preset
targets. Care needs to be taken to ensure that such targets are reasonable
and achievable in the circumstances.
Flexible Working 24
Think about personal safety, access to buildings and availability of IT and
other support services.
There must be sufficient work available to justify the extended time spend at
work.
Care made need to be taken to ensure that the Working Time Regulations are
not breached. Policy L04 Leave Policy - section 4
Flexible Working 25
Flexi-time
What is it?
Flexi-time gives people some choice over the actual arrangement of the hours they
work and can enable them to vary working times from day to day.
How does it work?
Flexi-time allows people to chose, within limits, the times they start and finish work.
A certain number of hours (credit or debit) can be carried forward from one
settlement period to the next, with the option of taking time off as “flexi leave.”
Further details of the scheme can be found in Policy L09 Work Life Balance Policies
sections 12/12
Benefits and Problems
Potential Benefits Potential Problems
Gives greater freedom to organise May take more management time to
working lives around personal organise
commitments
Travelling can be easier and cheaper if Is not suited to all areas of work
outside peak times. Parking problems
may be eased for those working outside
peak hours
Gives the opportunity to work at quieter People may work unsupervised at some
times of the day on tasks requiring times
concentration
Where teams take responsibility for Need to ensure that essential working
organising rota’s for cover, this may times are covered
foster higher productivity, team relations
and efficiency
Can aid recruitment and retention Need to ensure system is not abused
Can tailor working patterns to local Lack of co-ordination or communication
service needs. Can enable extended between people working different hours
opening hours to service users may affect job performance
Can help match working hours with People may not be around when you
peaks and troughs of work need them
Can reduce or eliminate punctuality May result in fatigue if people work some
problems very long days
Can reduce or eliminate overtime costs
Easier to accommodate personal needs
which can reduce absenteeism
Points to Consider
Need to ensure that sufficient numbers of people are available to meet the
peak demand times for your service.
Ensure effective communication to all team members. Be clear about the
hours when people are in the office, any time limits on mealbreaks, maximum
hours that should be worked each day etc.
Heavy workloads can inhibit access to flexibility or flexi leave.
Is available to part-time as well as full time workers.
Flexible Working 26
Home Based Working
What is it?
Home Based Working allows an individual to work:
• All or part of their working hours from home and/or
• At differing work locations with their home as their main work base
How does it work?
Home Based Workers will not have a permanent work space on Force premises,
although they will have access to facilities as necessary. Instead, the Force will
provide the necessary equipment to allow the individual to set up an office at home.
Further details can be found in Policy L09 – Section 18.
Benefits and Problems
Potential Benefits Potential Problems
Work can be done at most effective or Working from home does not suit all
appropriate time. people – some need social contact and to
feel part of a team
There can be direct cost savings on office Initial expenditure on equipment,
accommodation costs furniture etc.
Research has shown that Home Based There will need to be new ways of
Working can lead to an average 20% managing people to ensure good
increase in productivity – mainly through communication and to monitor
less interruptions and increased job performance
satisfaction
Can mean improved quality of life and Working time needs to be carefully
greater job satisfaction monitored as there is more likelihood of
long hours being worked.
Potentially less travel and time spent Can blur the lines between home and
commuting work
Ability to balance home and work Still need adequate child/eldercare
commitments more easily arrangements
Makes employers focus on outputs and Consider impact on others – internal and
communication external contacts
Can help to retain people and attract a
wider pool of recruits – those with caring
and domestic responsibilities and those
with health problems or a disability.
Points to consider:
Is the person self motivated, self disciplined, competent, able to make
decisions and work with little supervision?
Is the individual’s home suitable for Home Based Working? A Risk
Assessment will be required.
How will output and productivity be measured?
What are the implications for communications between the individual, team
members, line managers, other contacts etc.
Flexible Working 27
Job Sharing
What is it?
Job sharing is an arrangement whereby two or more people share the responsibilities
of a job that would normally be done by one person.
How does it work?
There are 2 basic forms of job sharing. One where there is shared responsibility for
all the tasks undertaken. This works best for jobs where the work flows
continuously. It demands a high level of communication and co-ordination between
the partners. The other form works where a post is divided up and each sharer
takes responsibility for certain aspects of the post. This arrangement works well
where work can be split into different projects or groups.
Further information on Job Sharing is available in Policy L09 Work Life Balance
Polices - Section 15. The Force holds a register of people interested in job sharing
opportunities. Further information is available on
http://intranet.kent.police.uk/sites/worklifebalance/FW Job Share Register.pdf
Benefits and Problems
Potential Benefits Potential Problems
2 people bring 2 sets of skills, Mis-matched partners may result in
knowledge, experience and a different productivity or performance issues
perspective to the job
Job sharing can improve the quality of There may be extra costs involved such
working life by allowing problems to be as provision of additional equipment,
shared and can be a very creative way to uniform or extra training
work for both individuals
Can offer increased flexibility during peak May be recruitment difficulties when one
periods. Can also aid continuity and of the partners leaves
reduce the effect of leave or sickness.
Where individuals and their expertise are May be some additional funding required
retained this also leads to cost savings in to pay for a “handover” period of
initial recruitment and training working
Enables people to balance outside work
commitments more easily
Job sharing provides opportunities to
work on a reduced hours basis in jobs
and roles where it is not feasible to carry
out the job on a part time basis. This
may help to open up more senior posts
to those not wanting to work full time.
Points to Consider
The allocation of hours should be agreed between the manager and the job
sharers and be varied only by the agreement of all parties.
Consider the duties of the post –are there any duties or responsibilities in the
post which cannot be divided?
Flexible Working 28
Job sharers will need to agree:
• How the week will be divided
• How the work and responsibilities will be divided up amongst the sharers
• How communication will take place
• Will there be a need for an overlap period (and is there funding to pay
for this)
• Will there be extra costs for the Force?
Job sharers should not be made to cover for their partner’s absence, although
they may be asked if they are available do work extra hours when needed.
In the event of a job share partner leaving, the remaining partner may be
offered the vacant hours. If they do not wish to do this, the vacant job share
position should be advertised as per Force Policy.
If a career grade post is shared, the sharers may be carrying out duties at
different levels of responsibility if one sharer has progressed further within
the post. Where this situation arises, the duties for each sharer must be
clearly defined and the less advanced sharer must not be required to carry
out duties at a higher level than appropriate to their position within the
scheme of progression. Please consult your Area/Dept Personnel section
should you require assistance with this matter.
Flexible Working 29
Part-Time Working
What is it?
Part-time work is usually considered to be any number of hours less than full time.
Part-time work is the most common form of flexible working.
How does it work?
Part-time working can range from a few hours a week to just less than full time.
Part-time workers will work in a post with it’s own responsibilities. Further
information on part-time working for Police Officers can be found in Policy L09 Work
Life Balance Policies section 14.
Benefits and Problems
Potential Benefits Potential Problems
Can assist men and women with caring There can be direct additional costs, such
responsibilities generally, those who as training, extra office furniture.
want to study, are engaged in
community activities or have other
interests. Aids recruitment and retention
and is particularly attractive to women
returning from maternity leave
Where individuals and their experience Logistics of arranging training for those
are retained, this leads to savings in working less than full time
recruitment and training
The possibility of working reduced hours More than half of the UK’s part-time
before retirement is becoming of workers feel they are in jobs that fail to
increasing interest capitalise on their qualifications, skills
and experience.
The money saved/time available can be
used to provide developmental
opportunities for others
Part-time workers often have less
sickness and other absence compared
with full time workers.
Points to Consider
The Part-Time Workers Regulations 2000 established that part time workers
cannot be treated any less favourably than a full time worker.
Can all the necessary tasks of the job be completed in the hours proposed by
the applicant?
You may need to determine how work is redistributed or rescheduled, either
within existing resources or by additional recruitment.
If you have hours to cover, consider offering existing part-time workers an
increase in their hours as their needs may have changed.
It is important to ensure that the workload for the part-time person matches
with their working time.
Ensure that other team members are not overloaded with work when a team
member reduces their hours.
Flexible Working 30
If managers and workers are working different hours you may need to
establish back up options to provide support.
You may need to plan work more carefully with your team and monitor work
in relation to outcomes and output, with more emphasis on performance
rather than working time.
You may need to set up a system to keep everyone informed of working
schedules – possibly an electronic movement sheet, print-off from MSS or a
notice board with daily entries.
Flexible Working 31
Self Rostering & Shift Swapping
What is it?
Self rostering allows teams to propose the patterns they want to work, within agreed
parameters, while meeting the needs of the service. Shift swapping involves people
in re-arranging shifts amongst themselves, either between 2 individuals or on a team
basis.
How does it work?
This arrangements means setting the staffing levels and skills mix required at any
time of the day, then giving people the ability to schedule their working times
collectively to meet these requirements.
Benefits and Problems
Potential Benefits Potential Problems
May free up duty planning time, as there Need to check that Working Time
should be fewer requests to change Directive is complied with, particularly if
shifts etc. swapping night and day shifts
Can help build team work and loyalty as Working irregular shifts may have an
people need to co-operate and work adverse effect of health
together
Can reduce absenteeism by offering Where there are limited numbers of
individuals more flexibility and control people of a particular skill or grade to
over when they work. Can also aid cover shifts, the choice of working hours
retention. may be restricted
Self rostering gives individuals greater Significant “background” work needed to
control over the scheduling and record substitutions onto ISIS
organisation of work and allows greater
flexibility to meet commitments outside
work
Points to Consider
If there is a disagreement about the feasibility of a particular shift working /
self rostering proposal, proving it complies with service requirements and
does not conflict with Working Time Regulations, a trial period could be used
to resolve the issue.
Self Rostering can be organised in a number of ways, but typically, members
of a team would be asked to select a number of different shifts within a
specified period. They may also be asked to indicate dates that they would
not want to work. Studies have shown that approximately 70% of the
required cover can be arranged by doing this. There does then have to be
some negotiation about covering the rest of the shifts, hopefully taking
account of the dates given when people do not want to work.
Flexible Working 32
Shift Working
What is it?
The working day is split into shifts (say of 2pm to 10pm and 10pm to 6am) enabling
operational hours to be resourced. People work one shift a day; they can be full- or
part-time workers.
How does it work?
Continuous shift systems provide cover for 24 hours, seven days a week. Non-
continuous or discontinuous shift systems provide cover for less than the total hours
available in a week - for example five 24 hour periods in seven days, or 12 hours out
of 24.
Benefits and Problems
Potential Benefits Potential Problems
Allows for the extension of operating Need to check that Working Time
hours to meet service needs Directive is complied with.
Shift patterns can meet peaks and Working rotational shifts may lead to
troughs in demand for service sleep deprivation, fatigue or ill-health
Lack of access to public transport and
formal care for dependants at unsocial
times
Points to consider
Shift working has been around for a long time within the Police service.
However, changes in society, resulting in greater demands on a 24/7 basis
and in particular, the increase in the night-time economy, may make shift
working more prevalent.
Split shifts and fixed shifts are alternative working patterns that could be
considered.
Flexible Working 33
Term Time Working
What is it?
An individual remains on a permanent full or part-time contract that gives him or her
the right to (unpaid) leave of absence during school holidays.
How does it work?
The individual works during term time but is away from work during all or most of
the school holidays. Salary is still paid in 12 equal instalments.
Benefits and Problems
Potential Benefits Potential Problems
Can help retain and attract parents with For some jobs it can be difficult to find
school age children or those whose suitable people to cover for holiday
partners work in Education. periods
Term time working may be cost effective Term time working may put an unfair
for project based work where tasks need burden on other people who may feel
to be completed within certain time they have to provide more cover.
frames.
Additional pool of recruits. Those who Difficult to convince managers that
want to work in term time and those only professional or managerial jobs can be
wanting to work for shorter periods of done on this basis
the year, e.g. retired people or students.
Can provide developmental opportunities It could be hard to gain promotion and
for others continue term time working
Can help parents overcome the difficulty
of finding childcare in school holidays
Points to consider
Term time working is most successful where:
• Covering the work is not a major problem as the work can be handed
on to others
• Some of the work can be rescheduled
• There is a pool of temporary people available to be recruited
The line manager must be satisfied that adequate cover, by people with the
appropriate skills, is available to ensure service delivery is not affected during
school holiday periods.
Salary arrangements involve the individual’s recalculated annual salary being
averaged over the whole year and paid in 12 instalments.
Flexible Working 34
Voluntary Reduced Hours (v-time)
What is it?
This arrangement permits a temporary reduction in working hours.
How does it work?
An individual works for a reduced number of hours usually for a defined period
(typically up to one year but can be extended to 5 years in exceptional
circumstances). V-time can be used to support those returning to work following
long term sickness or maternity leave. Can also be utilised by those providing care
to someone with a terminal illness.
Benefits and Problems
Potential Benefits Potential Problems
Can help retain people who would Reduction in salary, leave, allowances
otherwise leave the Force and pension contributions for the
individual
Can reduce absenteeism by offering May put an unfair burden on other
individuals more flexibility and control people who may feel they have to
over when they work provide more cover
Can support those returning from long Problems with finding suitable resources
term absence to cover hours
Points to consider
Reduction in pay may have an effect on some benefits, e.g. someone
reducing their hours and pay temporarily whilst pregnant may impact on their
entitlement to Maternity Pay
Flexible Working 35
Working At Home
What is it?
Working at home refers to authorised time spent working at home rather than at the
normal place of work, on a regular basis and for a limited number of hours.
How does it work?
Individuals will enter into an arrangement to work either a half or full day at home,
usually undertaking work that requires careful thought or concentration. Further
information can be found in Policy L09 Work Life Balance Policies section 17
Benefits and Problems
Potential Benefits Potential Problems
Allows people an opportunity to complete Finding space within the home for an
tasks with fewer interruptions office
Working at home can lead to greater Need to be aware of issues of
productivity or efficient working confidentiality and security whilst in
transit between home and work
Feel trusted, increased morale
Can save on travel costs and less
commuting time
Could provide support to those returning
to work after a long period of sick leave
and those with caring responsibilities or
short term domestic problems.
Points to consider
People working at home must be self motivated, self disciplined, competent
and able to work without close supervision
Ways of communicating with those working at home must be agreed in
advance.
Flexible Working 36
Zero Hours Contracts
What is it?
There is no legal definition of a ‘zero hour contract’. It is a name for a contract under
which the employer does not guarantee to provide work and pays only for work
actually done.
How does it work?
Zero hour contracts allow you to ask an individual to work whenever necessary. You
are not obliged to offer them work and the worker is not obliged to accept the offer.
Benefits and Problems
Potential Benefits Potential Problems
Can match staffing levels to fluctuating No obligation for the person to work
workloads, particularly seasonal when required so there may still be
variations in supply and demand Resourcing difficulties
Can remove the need to employ May have to provide equipment/uniform
temporary or agency staff to cover etc. that is used infrequently
absence, unpredicted events or major
fluctuations in workload
Can provide short notice cover to aid Entitlements to leave and other benefits
resourcing difficulties (such as sickness) may accrue
Can be used to cover hours vacated by
other flexible workers (e.g. term time
only, annualised hours, voluntarily
reduced hours workers).
Opportunities to retain the knowledge,
skills and experience of those no longer
working for the Force (e.g. recently
retired)
Points to consider
Individuals may need to have up-to-date clearances to allow them to work at
short notice.
A more appropriate contract may be needed if work becomes frequent.
Flexible Working 37
Appendix B
Is less more? Productivity, flexible working and management
Research produced by Working Families in 2005 found that:
Flexible workers feel more productive than employees with no flexibility in the
workplace. Over two thirds rated themselves as productive or very
productive.
Part-time workers, in particular, feel themselves to be the most productive of
all by a significant margin. 76% of part-time workers rated their productivity
highly, outstripping workers with no flexibility by 16%. This is explained by
the fact that part-time workers appear to work harder and use their time
more efficiently than any other group.
The most productive workers in the study identified the ability to work flexibly
as the most important factor in achieving high productivity levels. Less
productive workers also scored flexible working highly as a way to increase
their productivity.
Management and productivity are also linked, with the most productive
workers feeling the best valued and trusted by their managers. Conversely,
the least productive workers were critical of management, seeing their bosses
as ineffectual, lazy and insecure.
Flexible workers appear to be more motivated than other workers and less
likely to “throw a sickie”.
Workers who can use flexible working are more satisfied with their work-life
balance than workers with no flexibility.
There is a clear correlation between satisfaction with Work-Life Balance and
productivity. The more satisfied workers are, the more productive they are.
81% of workers declared themselves very satisfied with their Work-Life
Balance fell into the top two productivity brackets. Flexible working appears
to be correlated with satisfaction levels.
Workers who enjoy their jobs are more likely to be productive than those who
do not, and workers who enjoy their jobs are more satisfied with their Work-
Life Balance.
Flexible Working 38
Appendix C
Right to Request Flexible Working – How does the process work?
Flexible Working Application Timescales
Individual completes their application in writing to their manager or
supervisor, ideally using the application form provided. This is
available here: Application to request flexible working. The
application must be dated and state whether the applicant has
previously made a request (and if so when).
A
Line Manager receives the application for flexible working.
template to assist line managers when considering a request is
Within 28 days
available: Flexible Working – Managers Guide.
Line Manager and employee meet to discuss
the application. A workplace colleague, Federation
or Unison representative may accompany the applicant.
Both the employee and manager will need to consider
what arrangements they need to make for the change in Within 14 days
working pattern, etc. All alternative options should be
considered and explored
Individual notified of outcome in writing & right of appeal
Individual commences flexible
Request is accepted? YES working arrangement (reviewed on
annual basis)
NO
Appeal – If the individual is dissatisfied with the outcome
they may appeal in writing to the BCU Commander/Head Within 14 days
of Department within 14 days of being notified of the
decision.
Member of SMT and employee meet to discuss the Within 14 days
application. A workplace colleague, Federation or Unison
representative may accompany the applicant
Both the employee and manager will need to consider
what arrangements they need to make for the change in Within 14 days
working patterns, etc. All alternative options should be
considered and explored.
Individual notified of outcome in writing
Individual commences flexible
Appeal is accepted? working arrangement (reviewed on
YES annual basis)
NO
In specific circumstances, the employee can
Flexible Working 39
take their case to an Employment Tribunal
Appendix D
Claims heard by the Employment Tribunal
A number of claims have now been heard by the Employment Tribunal regarding the
refusal of flexible working applications. Whilst most of these cases do not relate to
the Police Service, it is worth considering the facts of the case and the reasoning
behind whether the claims were successful or not.
Successful Cases
Ms Chew was a single mother, with primary responsibility for the care of her young
children. She was employed as a police officer for the Avon and Somerset Police
Force. They operated a rotating shift pattern which she found did not fit with her
available child care arrangements which could only cover a 'standard' pattern of fixed
and regular week day hours. Ms Chew applied to work part time, but her application
was rejected because her proposals did not fit within the shift system.
Ms Chew lodged a claim of indirect sex discrimination under the Sex Discrimination
Act 1975, arguing that the requirement for shift work operated by the police force
disadvantaged a greater proportion of women than men, could not be justified and
was such that she could not comply with it. She produced statistics showing that, out
of a work force of some 3,016 police officers, ten were unable to do shift work, all of
them women. The Tribunal held that ten out of 3,016 was statistically significant and
therefore did set up an indirect discrimination claim, and the police force had not on
the facts justified the policy. Ms Chew won her claim for indirect sex discrimination.
Avon and Somerset Police appealed against the judgement. The appeal before the
Employment Appeal Tribunal raised a number of issues, but was primarily concerned
with whether the ten women out of 3,016 was statistically significant enough for an
indirect discrimination case to be made out. The EAT decided that it was.
The Chew case illustrates the use of the indirect discrimination provisions of the Sex
Discrimination Act. It demonstrates the social consequences of shift working for
parents, particularly rotating shifts. Shift working does not fit well with the generally
rigid and inflexible hours operated by most nurseries and child minders. Shift working
may work where a partner has a flexible job, but for single mothers in particular, it
can be unworkable.
A branch manager for a large off license chain had a contract that required her to
work hours over and above her basic working week where necessary. After having a
baby she asked to work fixed hours so that she could make childcare arrangements
but her request was refused. The company argued that, because of the senior nature
of her job, it was not possible to agree to her request.
The tribunal said that the company had not considered the matter with an open mind
and that their refusal was not justifiable. She won her case.
Another claimant (who managed 10 to 12 team members) was told that a policy
applied at her grade that she could not job share. The employers justified the policy
on the basis of 'operational' matters and referred to the need for continuity given the
importance of handling customer complaints. The ET held that the policy was not
justified, as the employers had not assessed the claimant's duties and any difficulties
that might be encountered in job sharing before refusing her request
Another case involved a lone parent who worked as an executive officer for a
government department. She asked to work part-time on her return from maternity
leave but was refused. Her employer argued that allowing part-time working would
Flexible Working 40
increase their NI contributions and administration costs, that more office
accommodation and equipment would be needed and that there would be problems
of continuity and supervision of staff.
The tribunal said that the department could accommodate part-time working and
that its refusal to do so was unlawful sex discrimination. The fact that the
department employed 250 people at the applicants' level was a factor in the decision.
In another case in which an employee made a similar request but worked in an office
employing only three people the tribunal accepted the employer's refusal as justified.
A shop manager who worked 9am-6pm asked to change her hours in order to enable
her to collect her daughter from nursery at 6pm, a journey of one hour from work.
Her employer refused and dismissed her because she was unable to work her
original hours.
The employment tribunal found that she had been indirectly discriminated against
and unfairly dismissed.
In another case the employer argued that there were so many part-time factory
workers they had reached saturation point as it caused serious capacity problems
affecting the day-to-day running of the business. One of the stated problems was
that there were too many different starting and finishing times. However, the ET was
not convinced by this as the same problem applied to the full-time workers. The ET
found that there was no evidence that two part-time workers would not be as
efficient as one full-time worker and upheld the claim.
Where an employee is unable to work particular shifts, the failure by the employer to
consider whether another employee could work these shifts may lead to a finding
that the refusal to vary the claimant's shifts is not justified. The tribunal found that
the employer gave no consideration to splitting shifts or any other practice which
could have sustained the claimant's employment.
The employer will not be expected to change other workers' contracts, or to impose
different hours on them, to accommodate the claimant's request. Nevertheless, the
employer should consult other workers, who may be willing to voluntarily accept the
changes.
Unsuccessful Cases
A health visitor, wanted to switch to part-time working on her return from maternity
leave. She wanted to work two or three days a week. Her employer agreed to reduce
her hours but insisted that she work them over a five day week in order to maintain
continuity for her patients. The employment tribunal said the employer's
requirements were reasonable.
A senior sales assistant in a chemicals company was turned down when she asked to
move to part-time hours on her return from maternity leave. The employment
tribunal found that her employer was justified in refusing the request because,
although parts of the job could be done part time, an element of the job involved
fairly extensive travel with the product manager. The tribunal said that this aspect of
the job meant the employer was justified in requiring a full-time employee.
Another claimant lost her claim that the respondents had indirectly discriminated
against her by offering her a job but refusing to re-advertise to find a complementary
job-share partner for her. Although the post was advertised as available for job-
share, the claimant had not requested a job-share arrangement until she had been
appointed to the full-time post, by which time the employers could not afford to
delay the appointment to advertise specifically for a job-share partner, which they
believed they were unlikely to find.
Flexible Working 41