CAERPHILLY COUNTY by 0fKplDoV

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									  CAERPHILLY COUNTY
   BOROUGH COUNCIL

   DIRECTORATE OF
EDUCATION AND LEISURE




      Recommended
FLEXIBLE WORKING POLICY
    AND PROCEDURE
   (School Based Staff)




 JANUARY SEPTEMBER 2005
                                              INDEX

    SECTION                                                                           PAGE


SECTION 1                   INTRODUCTION                                                   3


SECTION 2                   SCOPE OF THE POLICY                                            5


SECTION 3                   KEY PRINCIPLES                                                 6

SECTION 4                   REVIEW OF THE POLICY                                           8

                            PROCEDURE FOR DEALING WITH A REQUEST                           9
                            TO WORK FLEXIBLY

SECTION 1                   ENTITLEMENT TO MAKE A REQUEST TO WORK                          9
                            FLEXIBLY

SECTION 2                   SCOPE OF THE REQUEST                                           10

SECTION 3                   MAKING AN APPLICATION TO WORK FLEXIBLY                         11

SECTION 4                   TIME LIMITS WHEN MAKING A REQUEST TO                           14
                            WORK FLEXIBLY

SECTION 5                   REFUSING A REQUEST TO WORK FLEXIBLY                            15

SECTION 6                   WITHDRAWING A REQUEST                                          16
APPENDIX A                  Application Form (Form FW1(a)(s))

APPENDIX B                  Employers Confirmation of Receipt
                            (Form FW1(b)(s))

APPENDIX C                  Response Form (Form FW2(s))

APPENDIX D                  Extension of Time Limit Form (Form FW3(s))


    NOTE
    Wherever the designation Manager is used throughout this policy, it is taken to mean
    Head of Service, Line Manager, Supervisor, Officer in Charge or anyone who has a
    responsibility for employees through their work.

    This policy applies to all Council employees, except those school based support/teaching
    staff for whom the Governing Body sets the local terms and conditions of employment.
    For these staff, the LEA will develop a policy based on the principles contained within the
    corporate policy, which will then be recommended to Governing Bodies for adoption.
    Support in managing issues in relation to the subject matter of this policy can only be
    offered to schools where LEA recommended policies have been adopted. Where the
    policy refers to a statutory entitlement, it will apply to all employees
    .
    This policy has been developed using the Corporate Policy as its base and is
    recommended to Governing Bodies for adoption. Support in managing issues in
relation to the subject matter of this policy can only be offered to schools where
the LEA recommended policies and procedures have been adopted and in line
with any Service Level Agreement with Education Personnel Services that may be
in force at the time.

This document is available in large print.
FLEXIBLE WORKING POLICY

1.0      SECTION 1 - INTRODUCTION
1.1      The Governing Body/Caerphilly County Borough Council is committed to             Formatted
         equal opportunities and the principles of work - life balance working
         practices.

1.2      The Governing Body/Caerphilly County Borough Council believes that its
         employees are its most valuable resource and as a result high attendance
         at work by its employees plays a key role in providing efficient and
         effective services to the residents of the County Borough.

1.3      The Government has introduced legislation, which enables employees with
         children under the age of 6 to apply for permanent changes to their way of
         working. The Governing Body/Council however, has considerably
         extended this to allow an increase in the age limit of the child, temporary
         and permanent changes to contacts as well as extending the scope of the
         policy to cover carers. Further rights for carers are also detailed in the
         Council’s Policy for Carers as adopted by the Governing Body.

1.4      Flexible working is an umbrella term and should not be confused with flexi
         time, which is just one form of flexible working.

1.5      The Governing Body/Council recognises that there may be times when
         employees need some time to resolve problems outside of work and need
         to change their working patterns on either a permanent or temporary basis.
         The provisions contained within this policy will contribute to increased
         morale and ensure maximum performance amongst employees. Lack of
         recognition of employees’ outside commitments helps to contribute to
         negative effects, which may result in low morale, poor service provision
         and excessive overhead costs.

1.6      The Governing Body’s/Council’s aim is to ensure that flexible working is
         applied in a fair, equitable and consistent way across the whole of the
         School’s/Council’s Directorates by adopting a positive, proactive approach.
         This policy and the accompanying procedures are designed to help
         ManagersHeadteachers/Nominated Officers deal fairly, equitably and
         consistently with all their employees. The aim of the policy is to be
         supportive to employees to allow them to balance work - life issues in the
         best possible way.

1.7      This policy applies to employees who have a caring role in respect of
         either: -

               Children under 8;
               Disabled children under 18;

         In addition this policy applies to employees who are carers. A carer is an
         employee who: -

               Has an unpaid primary caring responsibility, and


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               The caring responsibility is for: -

                (a)    A close relative or dependent who because of a long term
                       illness, disability or old age is unable to care for themselves.
                       This covers adults caring for other adults, or parents caring for
                       seriously or dangerously ill or disabled persons under the age of
                       18.
                Or

                (b)    Other family members where the carer is aged 18 years or
                       under. This typically covers situations where a parent(s) is
                       unable to cope due to long- term illness, disability or old age and
                       a brother or sister has to look after the family.




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2.0      SECTION 2 - SCOPE OF THE POLICY
2.1      This policy applies to all Council employees, except those school based
         support/teaching staff for whom the Governing Body sets the local terms
         and conditions of employment. For these staff, the LEA will develop a
         policy based on the principles contained within the corporate policy, which
         will then be recommended to Governing Bodies for adoption. Support in
         managing issues in relation to the subject matter of this policy can only be
         offered to schools where LEA recommended policies have been adopted.

2.2      The effective date of the policy is 1st January 2005.

2.1      For the purposes of this document, the term employee includes all school
         based staff employed by the Governing Body and those staff who work
         predominantly in the school, but who are centrally funded by the LEA. In
         dealing with flexible working applications from this latter group of staff, it is
         expected that a nominated senior officer from the appropriate service area
         will consider the applications in consultation with the headteacher of the
         host school.

2.2      Applications for flexible working from Headteachers will need to be
         considered by the Chair of Governors/Panel of the Governing Body.

2.3      This policy will be effective from the date of adoption by the Governing
         Body.




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3.0      SECTION 3 - KEY PRINCIPLES
3.1      The Flexible Working Policy provides guidance for both
         ManagersHeadteachers/Nominated Officers and employees as to the
         procedure to be followed when an employee wishes to change their
         current work pattern to a more flexible one. In drawing up this policy, the
         statutory requirements of the Flexible Working Regulations 2002 have
         been taken into consideration. This means that
         ManagersHeadteachers/Nominated Officers have a duty to seriously
         consider any application to work flexibly.

3.2      All employees, subject to eligibility (See Section 1 of the Procedure) with
         children under the age of 8 or disabled children under the age of 18 or who
         have primary caring responsibilities have the right to apply to work flexibly.

3.3      The right to apply to work flexibly applies equally to men and women. It
         does not provide an automatic right to work flexibly but
         ManagersHeadteachers/ Nominated Officers must make every effort to
         accommodate an employee’s request to change their work pattern.
         However, as the right is designed to meet the needs of parents, carers and
         ManagersHeadteachers/Nominated Officers, there may be occasions
         where it is not possible, for operational reasons, for
         ManagersHeadteachers/Nominated Officers to agree to the requested
         work pattern. ManagersHeadteachers/Nominated Officers should keep
         these occasions to a minimum and wherever possible find a solution that
         will suit both the ManagerHeadteacher/Nominated Officer and the
         employee.

3.4      All employees who work flexibly will be treated in the same way as full time
         employees with regard to opportunities for training, promotion, etc. If an
         employee changes their working pattern to less than full time hours, i.e. 37
         hours, all their terms and conditions of employment will be accrued on a
         pro rata basis to the number of hours that they work.

3.5      Employees who opt to work flexibly will be entitled to remain in the
         Council’s/DfES’s Superannuation Scheme. However, employees should be
         aware that reduced hours affects superannuation benefits. Employees
         may clarify the effects on their pension provision by contacting the
         Superannuation Authority at Torfaen County Borough Council or Teachers’
         Pensions at Darlington as appropriate. Employees should also consider
         any effects on salary and other terms and conditions of a change to their
         working pattern.

3.6      Employees may request to change their work pattern on a temporary or
         permanent basis. Where the request is of a temporary nature, the working
         arrangements should be reviewed after a given period of time to ensure
         that the arrangement is still suitable to both parties. If the working pattern
         is changed permanently, there is no automatic right to apply to revert to full
         time hours at a later date. This can only be achieved through the normal
         recruitment process.




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3.7      Applications to work flexibly (attached as Appendix A) must be submitted
         to the employee’s ManagerHeadteacher/Nominated Officer on the
         appropriate form (Forms are also available from your Directorate
         Personnel Unit or the Council’s Intranet).
         ManagersHeadteachers/Nominated Officers must respond to the
         application within 28 days as set out in Section 6. When approving
         applications to work flexibly, ManagersHeadteachers/Nominated Officers
         must bear in mind the operational requirements of the School/Service
         Area. Once agreed all requests for flexible working must be forwarded to
         the relevant Directorate Personnel Unit for changes to be made in
         contracts, notification to Payroll and for retention on the employee’s
         personal file.

3.8      Any employee who makes an application to work flexibly has the right not
         to be subjected to any act, or any deliberate failure to act, by their
         ManagerHeadteacher/Nominated Officer on the grounds that they have
         sought to exercise their right under this policy or because they have
         accompanied or sought to accompany a colleague who was seeking to
         exercise their right under the Flexible Working Policy. Any employee who
         is dismissed shall be regarded as being unfairly dismissed if the reason
         (or, if more than one, the principal reason) for the dismissal is that they
         have sought to exercise their right under these regulations or because they
         have accompanied or sought to accompany an employee who was
         seeking to exercise their right under the Flexible Working Policy. A
         qualifying period of employment or upper age limit of the child shall not
         apply with regard to dismissal.

3.9      Further advice on dealing with applications to work flexibly is available in
         the Notes of Guidance For ManagersHeadteachers/Nominated Officers On
         The Flexible Working Policy,. Copies of the LEA’s recommended Flexible
         Working Policy which are also available in the Personnel Handbook of
         Work - Life Balance Policies and on the Council’s Intranet.

3.10     This policy must be cross-referenced with the following policies of the
         Council.

               Policy for Carers
               Leave Of Absence Policy
               Maternity Leave Policy
               Paternity Leave Scheme
               Parental Leave Scheme
               Adoption Leave Scheme
               Job Share Policy
               Flexible Working Hours Scheme
               Grievance Procedure
               Equal Opportunities Policy Statement                                    Formatted: Bullets and Numbering




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4.0      SECTION 4 - REVIEW OF THE POLICY
4.1      The content of this policy will be reviewed every two years from the date of
         recommendation by the LEA.




JANUARY SEPTEMBER 2005




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PROCEDURE FOR DEALING WITH REQUESTS TO WORK
FLEXIBLY

1.0      SECTION 1 - ENTITLEMENT TO MAKE A REQUEST TO
         WORK FLEXIBLY

1.1      Employees are eligible to make a request to work flexibly if they have
         children under 8 years of age or 18 years of age if the child is disabled and
         are either: -

         (i)     The mother, father, adopter, guardian or foster parent; or
         (ii)    Married to or the partner of the child’s mother, father, adopter,
                 guardian or foster parent;
         (iii)   A carer. A carer is defined as someone who: -

                     Has an unpaid primary caring responsibility, and
                     The caring responsibility is for: -

                      (a)    A close relative or dependent who because of a long term
                             illness, disability or old age is unable to care for themselves.
                             This covers adults caring for other adults, or parents caring
                             for seriously or dangerously ill or disabled persons under
                             the age of 18.
                      Or
                      (b)    Other family members where the carer is aged 18 years or
                             under. This typically covers situations where a parent(s) is
                             unable to cope due to long- term illness, disability or old age
                             and a brother or sister has to look after the family.

1.2      Eligible employees must have 26 weeks continuous service prior to the
         date that the application is made. Only service with Caerphilly County
         Borough Council rather than local government service will count as
         service.

1.3      An application to work flexibly must be made no later than 2 weeks before
         the child’s 8th birthday or 18th birthday in the case of a disabled child. In
         the case of an employee with a primary caring responsibility, employees
         should make their application as soon as possible after the caring
         responsibility becomes necessary.

1.4      All applications to work flexibly must be made to enable the employee to
         care for the child or to undertake the primary caring responsibilities as
         defined in the Policy for Carers as adopted by the Governing Body.

1.5      Only one permanent application to work flexibly may be made in a 12-
         month period. The period is counted as the 12 months prior to the date of
         the current application.

1.6      Before making an application to work flexibly, employees should look at the
         Governing Body’s/Council’s Policy for Carers.




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2.0      SECTION 2 - SCOPE OF THE REQUEST
2.1      Employees who make a request to work flexibly are able to make changes
         to their working patterns, such as annualised hours, compressed hours
         (i.e. someone works a 37 hour week over less than 5 days), flexitime, job
         sharing, self rostering, shift working, staggered hours and term time
         working. This list is not exclusive or exhaustive. An example of a change
         of work pattern could be if a parent starts work an hour later to allow them
         to take their child/children to school, they make that time up later on in the
         day.




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3.0      SECTION 3 - MAKING AN APPLICATION TO WORK
         FLEXIBLY
3.1      Before making an application to work flexibly, employees should consider
         the Governing Body/Council’s other work - life balance policies outlined in
         3.10 of this policy, especially the Council’s Policy for Carers.

3.2      All applications to work flexibly must be in writing on the Flexible Working
         Application Form, FW1 (a), which is attached as Appendix A. available
         from your Directorate Personnel UnitCopies of the LEA’s recommended
         Flexible Working Policy are available from or the Council’s Intranet. This
         form may be used for permanent and temporary changes to working
         patterns. Applications must be made to the employee’s
         ManagerHeadteacher/Nominated Officer. Forms may be sent through the
         post (internal or external), faxed or E Mailed.

3.3      Where applications are received through the post, the date that the
         ManagerHeadteacher/Nominated Officer receives the form will be the date
         that the application was made. The date that the application is received is
         the day that it would have been delivered, either by the courier or the
         Royal Mail, in the ordinary course of the post or the first working day after if
         it were delivered on a non working day. If the application is faxed to the
         ManagerHeadteacher/Nominated Officer, the date of the application will be
         deemed to be the day that the fax was transmitted. If the form is sent via
         E-mail, the date of the application shall be taken to have been the date that
         the E Mail was transmitted. The same principles shall apply to any notices
         given by the employee or the ManagerHeadteacher/Nominated Officer
         during the application process.

3.4      The onus is on the employee to identify how the change in work pattern
         will operate and the effects it may have on their work colleagues. On the
         application, the employee must: -

               Confirm that they are making the request under their right to request
                to work flexibly.
               Confirm that they are making the request to help care for a child or to
                undertake primary caring responsibilities.
               Specify the flexible working pattern that they would like to work.
               Specify the date that they would like the flexible working pattern to
                commence. This date should allow the
                ManagerHeadteacher/Nominated Officer to consider the request and
                implement any necessary changes as appropriate.
               Explain what effect the change in work pattern will have on the
                School/Service Area/Section and how they think that these effects
                can be dealt with.
               Explain the reasons why their preferred working pattern is compatible
                with the School/Service Area/Section as far as they can tell.
               Consider how their colleagues will manage if the new working pattern
                is approved.
               State whether an application to work flexibly has been made in the
                previous 12 months, and if so give the date.



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               Sign and date the application.

         An informal meeting to discuss the above points may be held between the
         employee and their ManagerHeadteacher/Nominated Officer prior to the
         completion of the application form.

3.5      ManagersHeadteachers/Nominated Officers have a legal duty to consider
         all requests to work flexibly and to establish whether the requested working
         pattern can be accommodated within the operational needs of the
         School/Service Area/Section. Once the ManagerHeadteacher/Nominated
         Officer has received the application, they must acknowledge the request
         using form FW1 (b) which is attached to the application form. If the
         application is incomplete or fails to provide all the information outlined
         above, the ManagerHeadteacher/Nominated Officer should refer the
         application back to the employee asking them to complete the form and
         resubmit the application.

3.6      Upon receipt of the application to work flexibly, the ManagerHeadteacher/
         Nominated Officer, within 28 days of the date the application was
         received, will arrange to meet the employee to explore the desired work
         pattern and how it may be accommodated. If a
         ManagerHeadteacher/Nominated Officer is unable to accommodate the
         requested work pattern, at this meeting alternative work patterns may be
         explored. Employees may be accompanied at the meeting, by a work
         colleague, a trade union representative (local or full time), a spouse,
         partner or legal representative of their choice. If the person who
         accompanies the employee also works for the School/Council, they will be
         granted paid time off to attend the meeting. An employee from the
         relevant Directorate Personnel Unit may also be present to provide advice
         and guidance subject to the terms of any SLA that may be in force at the
         time.

3.7      If the person who is to accompany the employee is unavailable at the date
         and time of the proposed meeting, the employee may propose an
         alternative time. In this case the ManagerHeadteacher/Nominated Officer
         must postpone the meeting to the new date and time, as long as it is
         reasonable and within 10 days of the original meeting. The 10 days
         commences with the first day after the date of the original meeting. For
         example if the meeting was to be held on 1st April and the employee
         requested a postponement, the meeting should take place by 12th April.

3.8      Where the ManagerHeadteacher/Nominated Officer agrees to the variation
         in the working pattern proposed by the employee, then they should notify
         the employee in writing within 28 days and there is no need for the
         meeting to take place. Any changes to working patterns must be notified
         to the relevant Directorate Personnel Unit, as changes need to be made to
         contracts and/or the employee’s pay situation.

3.9      Within 14 days of the meeting to discuss the changes to the work pattern,
         the ManagerHeadteacher/Nominated Officer will write to the employee to
         either agree or disagree with the change to the work pattern. This should
         be done using the Flexible Working Response Form, FW2(s) (attached as



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         Appendix C). Copies of the LEA’s recommended Flexible Working Policy
         are available from, which is available from the relevant Directorate
         Personnel Unit or the Council’s Intranet. If the working pattern is to be
         agreed, ManagersHeadteachers/Nominated Officers should use this form
         to outline the new working pattern and inform the employee of the effective
         date of the new work pattern. This may be a future date to allow the
         ManagerHeadteacher/ Nominated Officer to implement any necessary
         changes in the workplace. If the change is to be of a temporary nature, the
         review date of the arrangement should also be included on the FW2(s)
         form. Prior to the sending of the FW2(s) form,
         ManagersHeadteachers/Nominated Officers are encouraged to meet the
         employee again to inform them of their decision. A copy of the FW2(s)
         form should be forwarded to the relevant Directorate Personnel Unit for
         retention on the employee’s personal file and to allow any necessary
         changes to the employee’s contract to be made. Any reductions in hours
         will mean that the employee will be entitled to their terms and conditions of
         employment on a pro rata basis. The Directorate Personnel Unit will
         confirm these changes in writing.

3.10     If the work pattern is to be refused, it is especially important that a meeting
         is held with the employee so they understand the reasons why the request
         to work flexibly has been refused. The reasons for refusal should also be
         detailed on the form FW2(s) (Appendix C) when it is sent to the employee.
         When a request to work flexibly has been refused, an employee should
         also be informed of their right of appeal under the Governing Body’s/
         Council’s Grievance Procedure. This appeal must be lodged within 14
         days of receiving the Manager’sHeadteachers/Nominated Officers
         decision.

3.11     3.11 The ManagerHeadteacher/Nominated Officer may refuse to allow                 Formatted: Bullets and Numbering
         the request on business grounds. However,
         ManagersHeadteachers/Nominated Officers must give serious
         consideration to all requests for flexible working and only refuse a change
         in work pattern for operational reasons (See Section 5 for further
         information on refusing a request to work flexibly).

3.113.12       Governing Bodies may feel it more appropriate for requests for
       flexible working to be considered by a panel of the Governing Body.
       Where this is the case, time frames specified in the document will still need
       to be adhered to. When considering applications, panel members will be
       expected to have regard to the recommendations of the Headteacher.




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4.0      SECTION 4 - TIME LIMITS WHEN MAKING A REQUEST TO
         WORK FLEXIBLY
4.1      Employees must make their request to work flexibly no later than 2 weeks
         before the 8th birthday of the child or 18th birthday in the case of a disabled
         child. In the case of carers, requests should be made as soon as possible
         after the caring responsibility becomes necessary. If the employee wishes
         their work pattern to change from a given date, they should ensure that the
         application is made within the required time scales. Requests to work
         flexibly can take a lengthy period of time to arrange. This should be borne
         in mind when the request is being made.

4.2      Once the employee makes their request to work flexibly, the
         ManagerHeadteacher/Nominated Officer must respond to the employee on
         Form FW 1(b)(s) (attached as Appendix B). After receipt of the application
         to work flexibly, the ManagerHeadteacher/Nominated Officer has 28 days
         to arrange a meeting with the employee to discuss the revised work
         pattern. If the employee, or their representative, is unable to attend on the
         proposed day, it is possible to postpone the meeting to a date within 10
         days of the original meeting.

4.3      If the ManagerHeadteacher/Nominated Officer agrees with the variation in
         working pattern then there is no need for the meeting to take place.
         However, the ManagerHeadteacher/Nominated Officer must notify the
         employee in writing within 28 days of their acceptance of the change to the
         working pattern.

4.4      Within 14 days of the meeting to discuss the change in working pattern,
         the ManagerHeadteacher/Nominated Officer must write to the employee to
         agree or disagree with the change, state the date of commencement of the
         new working pattern or justify the reasons why the change cannot be
         accommodated.

4.5      It is possible that the time scales highlighted above can be varied with the
         agreement of both parties. A request for an extension to the time limits is
         notified to the employee on form FW3(s), Extension to Time Limits form
         (attached as Appendix D and also available on the Council’s Intranet). The
         ManagerHeadteacher/Nominated Officer sends the form to the employee
         outlining which of the time scales they wish to extend, the extension to the
         time limit i.e. when the meeting will take place or the response received
         and the reasons for the extension. If the employee accepts the extension
         of the time limits, they sign the slip and return it to the
         ManagerHeadteacher/Nominated Officer. Where an employee is unhappy
         with the extension to the time limits, they may invoke the Governing
         Body’s/Council’s Grievance Procedure.

4.6      Where the ManagerHeadteacher/Nominated Officer who would normally
         consider an application to change working patterns is absent on annual
         leave or on sick leave on the day that the application is received, the
         period within which the ManagerHeadteacher/Nominated Officer has to
         respond commences on the day that they return to work or 28 days after
         the application is made, whichever is the sooner.


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5.0      SECTION 5 - REFUSING A REQUEST TO WORK FLEXIBLY
5.1      Where as every effort will be made to allow employees to change their
         work patterns, there may be cases where this is not possible. Before
         refusing the request to work flexibly, ManagersHeadteachers/Nominated
         Officers should give serious consideration to how the request could be
         accommodated. There are a limited number of grounds for refusal. These
         are detailed below.

               The burden of additional costs.
               The detrimental effect on the School/Council or Service Area’ s ability
                to meet customer demand.
               An inability to reorganise work among existing employees.
               An inability to recruit additional employees.
               A detrimental impact on quality.
               A detrimental impact on performance.
               Insufficiency of work during the periods that the employee proposed
                to work.
               Planned structural changes.

5.2      There may be occasions when despite all efforts the
         ManagerHeadteacher/Nominated Officer has no option but to turn down an
         employee’s application to work flexibly. In this case other options should
         be discussed with the employee, for example redeploying them to another
         post may be possible.

5.3      When refusing a request to work flexibly, the
         ManagerHeadteacher/Nominated Officer must detail the reason for refusal
         on form FW2, the Flexible Working Response Form. On this form, the
         ManagerHeadteacher/Nominated Officer must provide sufficient
         explanation as to why one or more of the above reasons applies and how
         the request cannot be accommodated. It is not acceptable for a
         ManagerHeadteacher/Nominated Officer to repeat one or more of the
         above e.g. where additional costs are the reason for refusal they should be
         fully detailed. Employee’s who are dissatisfied with their
         Manager’sHeadteacher’s/Nominated Officer’s decision should invoke the
         Governing Body’s/Council’s Grievance Procedure.

5.4      Under the Flexible Working Regulations, there are certain circumstances
         where an employee can make a complaint to an Employment Tribunal. If
         an Employment Tribunal finds that a complaint is well founded it has the
         right to order that the request be reconsidered or to award compensation.
         The amount of this compensation will be based on an amount not
         exceeding two weeks’ pay.




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6.0      SECTION 6 - WITHDRAWING A REQUEST
6.1      Employees may withdraw their request to work flexibly. A
         ManagerHeadteacher/Nominated Officer shall treat an application as
         withdrawn if the employee has: -

               Indicated to the ManagerHeadteacher/Nominated Officer, whether
                orally or in writing, that they are withdrawing the application.
               Failed to attend more than one meeting to discuss the application.
               Unreasonably refused to provide the
                ManagerHeadteacher/Nominated Officer with information they require
                in order to assess whether the contract variation should be agreed.

6.2      ManagersHeadteachers/Nominated Officers should confirm in writing the
         withdrawal of the application to the employee unless they have received
         written notice of the withdrawal from the employee.




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                                                                                 APPENDIX A
                                                                                          Formatted
                                                                                              Formatted

                                                                    FORM FW1 (a)(s)

                    FLEXIBLE WORKING APPLICATION FORM
                                     (SCHOOL BASED STAFF)                                     Formatted




    This form may be used for permanent and temporary changes to working
    patterns. Before making a formal application to work flexibly, try to work
    out a temporary arrangement with your ManagerHeadteacher/Nominated
    Officer*. Please state on the form if the arrangement is of a temporary
    nature and the period of time for which it is required. Permanent
    changes to working patterns will represent a permanent change to
    your contract of employment and your associated terms and
    conditions with no automatic right to revert to your current work
    pattern in the future.

    This form is to be used to make an application to work flexibly under
    the right provided in law, under the Employment Act 2002, to help
    eligible employees care for their children. Before completing this
    form, employees should read the ACAS booklet ‘Flexible Working:
    The Right to Request and the Duty To Consider’ and check that they
    are eligible to make a request.


    Employees should note that under the right it may take up to 14 weeks to
    consider a request before it can be implemented and possibly longer
    where difficulties arise. You should therefore ensure that you submit your
    application to your Headteacher/Nominated Officer of Service well in
    advance of the date you wish the request to take effect.


    Please provide your Headteacher/Nominated Officer of Service with as
    much information as possible about your desired working pattern as this
    will help them consider the request. Please complete all the questions as
    if you do not your application will be invalid. When completing Sections 3
    and 4, think about the effect that your requested change in working
    pattern will have both on the work you do and on your colleagues.


    Once you have completed the form, send it to your
    Headteacher/Nominated Officer of Service (please feel free to keep a
    copy for your own records). Your Headteacher/Nominated Officer of
    Service will have 28 days after the day your application is received in
    which to arrange a meeting with you to discuss your request.
    * Please note, where an application for Flexible Working is made by the Headteacher, it
    should be considered by the Chair of Governors/Panel of the Governing Body.


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   HEADS OF SERVICEHEADTEACHERS/NOMINATED OFFICERS

   This is a formal request made under the legal right to apply for flexible working and the
   duty on employers to consider applications seriously. You have 28 days after the day you
   received this application in which to either agree to the request or arrange a meeting with
   the employee to discuss their request. You must confirm receipt of this application using
   the attached confirmation slip.

   SECTION 1 – PERSONAL DETAILS

   Name:                                                          Employee
                                                                  No:
   Post: ________________________________

   Establishment:
   Headteacher/Nominated Officer:
   Head of Service:

   I would like to apply to work a flexible working pattern that is different to my current
   working pattern under my right provided in law. I confirm I meet each of the eligibility
   criteria as follows.

           I have responsibility for the upbringing of either a child under the age of 6 or a
            disabled child under the age of 18.
           I am:
            -        the mother, father, adopter, guardian or foster parent of the child: or
            -        married to or the partner of the child’s mother, father, adopter, guardian or
                     foster parent.
           I am making this request to help me care for the child.
           I am making this request no later than 2 weeks before the child’s 6th birthday or
            18th birthday where disabled.
           I have worked continuously as an employee of the Council for the last 26 weeks.
           I have not made request to work flexibly under this right during the past 12 months




SECTION 2
2a   Describe your current working pattern (days/hours/times worked):




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2b.      I am requesting a

         Permanent Change                  Temporary Change      
         (Please tick the appropriate box) to my contract.

2c       Describe the working pattern you would like to work in future
         (days/hours/times worked):




Please use an additional sheet if required.

2d       I would like this working pattern to commence on         Date

SECTION 3

3.       Impact of the new working pattern

I think that this change in my working pattern will affect the School/Service
Area and
my colleagues as follows:




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                                               SECTION 4

4.       Accommodating the new working pattern

     I think the effect on my School/Service Area and colleagues can be dealt with
                                                                       as follows.




Name (Please print):

Establishment/Service Area:


Signed:                                                           Date:




PLEASE FORWARD TO YOUR HEAD OF SERVICEHEADTEACHER/NOMINATED
                    OFFICER FOR CONSIDERATION.




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                                                                            APPENDIX B
                                                                                     Formatted
                                                                                      Formatted



                                                                  FORM FW1(b)(s)

                   EMPLOYER’S CONFIRMATION OF RECEIPT


                       To:       Head of ServiceHeadteacher/Nominated Officer

Sign this slip and return it to the employee in order to confirm that
you have received the employee’s application.


Dear




I confirm that I received your request to change your

work pattern on


I shall be arranging a meeting to discuss your application within 28
days following the above date.

  In the meantime you may want to consider whether you would like
   to be accompanied to the meeting by either a Trade Union official
 (full time or part time), a work colleague, spouse, partner or a legal
                                                       representative.

I would be grateful if you could advise me whether you are to be
accompanied and if you are to be accompanied, by whom.

A copy of this form will be sent to the Directorate Personnel Unit
for retention on your personal file.


Name:



Signed:


Designation: __________________________ Date: _____________

Establishment/Service Area: _______________________________                           Formatted




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                                                                                 APPENDIX C Formatted


                                                                         FORM FW2(s)

FLEXIBLE WORKING RESPONSE FORM
                                     (SCHOOL BASED STAFF)                                    Formatted


HEADS OF SERVICEHEADTEACHERS/NOMINATED OFFICERS                                              Formatted


You must write to the employee within 14 days following the meeting with your
decision. This form should be used when writing to the employee to make them
aware of your decision. If you cannot accommodate the requested working pattern,
you may still wish to explore alternatives to find a working pattern suitable to both
you, the operational requirements and the employee.

A copy of this form must now be sent to your Directorate Personnel Unit so that they
can make the necessary adjustments to salary if appropriate.


   Dear:_____________________________ Employee Number: _____________

   Following receipt of your application and our meeting on ____________ I have
   considered your request for a new flexible working pattern.

           I am pleased to confirm that I am able to accommodate your application. Your
            new working arrangement will commence on ______________ and the pattern is
            detailed below.

           I am unable to accommodate your original request. However I am able to offer
            the alternative pattern which we have discussed and you agreed would be
            suitable to you. This work pattern is detailed below.

           I am sorry but I am unable to accommodate your request for the operational
            reasons detailed below.




TO EMPLOYEES
Please note that if the change to your working pattern is of a permanent nature, it will
be a permanent change to your terms and conditions of employment and you have no
right in law to revert back to your previous working pattern.
If you have any queries or questions on the information provided above, please
contact me to discuss them as soon as possible. If you are unhappy with the above
decision, you may invoke the Governing Body’s/Council’s Grievance Procedure.

Signed: _______________________________________ Date: _______________

Designation: ________________________________________________________



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Establishment/Service Area: ___________________________________________




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                                                                                                             APPENDIXFormatted
                                                                                                                      D


                                                                                              FORM FW3(s)
FLEXIBLE WORKING
EXTENSION OF TIME LIMIT FORM
TO HEADS OF SERVICEHEADTEACHERS/NOMINATED OFFICERS

This form is provided for you to complete when confirming agreement with one of your
employees when you wish to extend a time limit, for part of the procedure, from that set out in
the regulations. You may extend the time limit for any part of the process, providing that the
employee agrees to the extension.



   Dear:_____________________________ Employee Number: _____________

   I wish to extend the amount of time that the regulations allow me to:

            Arrange a meeting to discuss your application (28 days)
            Notify you of my decision regarding your application (14 days)

   I wish to extend the time limit to _____ days. This means that I will have until _________ to
   complete the necessary action. I need the extra time for the following reason.




   Please complete the slip below and return it to me.

   Signed: __________________________________ Date: _________________

   Designation: _______________________________________________________

   Establishment/Service Area: __________________________________________


TO THE EMPLOYEE
To allow proper consideration of your request, your Head of
ServiceHeadteacher/Nominated Officer may wish to extend the permitted time limit for
any part of the process. They need your agreement to any extension of the time limit.
Please complete the slip below and return it to your Head of
ServiceHeadteacher/Nominated Officer.
----------------------------------------------------------------------------------------------------------------
 cut along line above and return it to your Head of ServiceHeadteacher/Nominated Officer in order to confirm
your acceptance of their request

EMPLOYEE’S AGREEMENT TO TIME EXTENSION (to be completed and returned to your
Head of ServiceHeadteacher/Nominated Officer)

Dear: __________________________________

I accept / do not accept (please delete as appropriate) your request to extend the amount of
time to ……/……/……




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Signed: _______________________________________ Date: _______________




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