I understand that if I want a policy that reflects the latest legislation and is appropriate to my organisation, I will seek specialist legal advice. Policies, job descriptions and person specifications are intended for guidance only and do not act as a substitute for professional advice. I understand that if my organisation decides to rely on a document obtained from the NCVO's HRBank, it does so at its own risk. Flexible working policy Introduction This policy aims to outline employees’ right to request flexible working, and the process to be followed in order to make such a request. You may find it useful to refer to the associated policies related to working hours. Scope The policy applies only to employees and not to contractors employed by XXX or workers employed via agencies. Responsibilities The Human Resources, Training and Development Manager is responsible for providing advice and guidance on flexible working and related issues. Line managers are responsible for managing the working hours of their staff and for considering requests for flexible working. Right to request flexible working You have a statutory right to make a request to work flexibly if you either: have responsibility for the upbringing of a child under 16 (or a child with a disability under 18) at the time of the request or are the mother, father, adopter, guardian or foster parent of the child; or married to, or the partner or civil partner of such a parent. (Same sex partners are also included); or are or expect to be caring for an adult and are the spouse, partner, civil partner or relative of the adult in need of care or living at the same address. You must be making the request to help care either for a child or adult and have: been continuously employed by XXX for at least 26 weeks not made another application for flexible working during the preceding 12 months. Other requests for flexible working As XXX wishes to support all staff in achieving a positive work-life balance, requests for flexible working will also be considered if you do not have caring responsibilities, but your request will not be subject to the same statutory rights. All requests will be considered sympathetically but consideration will be made of business needs and the effect your request may have on others’ working arrangements. If you do not have caring responsibilities, XXX can refuse your request for any reason, not just those permitted under legislation (see “Grounds for refusing a request” section below). Types of flexible working 1. In your request for flexible working, you can ask for a change to the: hours you work times when you are required to work place you are required to work. For example, you may wish to request to work part-time, only during term-time, or compress your hours so that you work your usual working week over fewer, longer days, or job-share with another person. Alternatively, you may wish to apply to work from home for some or all of your time, or to work an earlier or later day. You may also wish to work a more variable pattern of hours under a flexi- time arrangement or a combination of these different possibilities. Any flexible working request which is agreed will be a permanent change to your terms and conditions of employment, unless you agree a trial period. How to make a request If you would like to make a request for flexible working, you should complete the Flexible Working Request Form (see Appendix 1), and return it to your line manager. You may find it easier to discuss your intentions informally with your manager before making the formal request. Your manager will consider your request and respond to you within 20 working days either by: writing to you, agreeing to a change in your contract of employment, whether on a permanent or trial basis and from when or, setting up a meeting with you at a time convenient to within 20 working days to discuss your request. If the Company is unable to accommodate the working pattern you request, alternative ways to help you will be considered. If your manager arranges a meeting, you may be accompanied by a work colleague who will be able to address the meeting, but not respond to any questions on your behalf. If your companion is unable to attend at the time suggested, an alternative time will be arranged as quickly as possible. After the meeting, your manager will respond in writing within 10 working days either to: agree the new pattern and start date, confirming whether on a permanent or trial basis, and any changes to salary, annual leave or other benefits or or confirm the compromise arrangements suggested, together with a new decision date or, explain why we cannot meet the request, and inform you of your right of appeal. Grounds for refusing a request If your request is refused, you will be advised in writing by your line manager of the grounds for the refusal and given an explanation as to why those grounds apply in your situation. Permitted grounds under legislation are currently: The burden of additional costs A detrimental effect on the ability to meet client demand An inability to reorganise work among existing staff An inability to recruit additional staff A detrimental impact on quality A detrimental impact on performance Insufficiency of work during the period the employee proposes to work Any planned structural changes. Therefore, XXX would suggest you consider these areas when you complete the flexible working request form. If you are making a request but do not have caring responsibilities, your request will be considered but could be declined for a reason not outlined under legislation. Appeals process If you wish to appeal against a refusal, you must do so within 14 days of receiving the decision, by writing to the Human, Resources, Training and Development Manager, stating your grounds for appeal. Another meeting will be held with a member of the senior management team within 10 working days to discuss your appeal. You may be accompanied to this meeting by a work colleague. The decision of the appeal meeting will be confirmed in writing to you within 10 working days of the meeting, stating the grounds for the decision. This decision will be final and there will be no further right of appeal. Document History Version Details of Amendment Date Owner Approved 1 2 Appendix 1 – Flexible working request form Name: Job Title: Start date of employment: Reason for requesting flexible working: Please outline below the change you would like to request, including any proposed changes to hours of work or location of work: Please state from what date you would like to request this change will apply and whether on a trial or permanent basis. If you would like to request a change on a trial basis, please state for what period of time: Please explain what impact you think this request is likely to have on your work, and how this effect may be dealt with: Please sign below to show that you understand that if your flexible working request is accepted, it will constitute a permanent change to your terms and conditions of employment, unless you have requested a trial period. Signed: Date: Please return this form to your line manager, who will consider your request and respond to you within 20 working days.
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