Flexible working policy 2009 by oozEHOK


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organisation, I will seek specialist legal advice. Policies, job descriptions and person specifications are
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                                          Flexible working policy


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.


The policy applies only to employees and not to contractors employed by XXX or workers employed
via agencies.


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
Appendix 1 – Flexible working request form


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

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.



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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