Flexible Working Policy

Introduction

{{org_field_name}}’s flexible working policy complies with its statutory obligations under the Employment Rights Act 1996, the Work and Families Act 2006, the Flexible Working Regulations 2014 and the Employment Relations (Flexible Working) Act 2023.

From 6 April 2024, the right to request flexible working will be available to all employees from their first day. At present, all staff who have at least six months of continuous service with the organisation have the right to apply for “flexible working”. The request can cover hours of work, times of work and place of work and may include requests for different patterns of work.

The right to request flexible working applies equally to male and female staff.

Policy Statement

{{org_field_name}} recognises the contribution of all its staff and also understands that, at some time in their working lives, they might want to work more flexibly. All staff with at least 26 weeks of continuous service currently have the statutory right to apply for flexible working. In line with the current law they are now entitled to make two such requests within a 12-month period.

This does not mean that a request before that time will not be considered.

Flexible working is about reviewing staff’s working patterns to see whether it is possible to implement different arrangements. All arrangements must take into account the need for {{org_field_name}} to achieve its core business purpose as efficiently and effectively as possible.

There are a variety of flexible working options. A request for flexible working can be a request to change:

the number of hours the person works
the times at which the person is required to work
where the person works, usually a request to work fully or partly from home.

Staff should be aware that if they request and are granted flexible working, this represents a permanent variation to their contract of employment (unless the organisation agrees otherwise).

However, {{org_field_name}} could agree to the change on a trial basis. If an employee’s circumstances subsequently change in relation to the need for flexible working, there is no statutory right for a return to the terms and conditions that applied prior to flexible working being granted.

{{org_field_name}} will:

consider requests for flexible working by eligible staff who put in a written request
treat each request in a reasonable manner
reject an application where it is considered that granting flexible working would be detrimental to the needs of {{org_field_name}}.

No staff member will be treated less favourably, suffer detriment, or be dismissed because they request flexible working or move to flexible working.

Procedure

Eligibility

To exercise their right to request flexible working, a person must satisfy the following conditions. They must:

be an employee of {{org_field_name}}
have worked for {{org_field_name}} continuously for at least 26 weeks as of the date the application is made
not have made more than one other application to work flexibly during the previous 12 months.

Making a request

An application for flexible working must be in writing (which includes email and fax) and include the following information.

The date of the application.
The change to working conditions the person is seeking and when they would like this change to come into effect.
A statement that it is a statutory request, and if and when they have made a previous application for flexible working.

The application should be signed and dated.

Meeting and discussion

Following receipt of a valid written request for flexible working, the person’s line manager will arrange a meeting with them to discuss their request and will consider the request reasonably within a reasonable timetable.
All requests will be decided, including any appeal, within two months of first receipt of the request, unless an extension of time is agreed upon.
The person has the right to be accompanied at any meeting set up to discuss their flexible working request by a colleague of their choice.
The person’s request will be considered carefully weighing the benefits of the requested changes in working conditions against any adverse impact of implementing the requested changes.
Once the person’s manager has made a decision on the request, they will be informed of this in writing as soon as is reasonably possible.
If the request is successful, or subject to certain modifications, the manager will discuss with the person how and when the changes might best be implemented.

Rejection of the request

If the request for flexible working is rejected it will be for one or more of the following reasons in line with those set out in the legislation.

The burden of additional costs to {{org_field_name}}.
An inability to reorganise work amongst existing staff.
An inability to recruit additional staff.
A detrimental effect on quality of service.
A detrimental impact on performance.
A detrimental effect on {{org_field_name}}’s ability to meet user demand and needs.
Insufficient work for the periods the employee proposes to work.
A planned structural change to {{org_field_name}}.

{{org_field_name}} will make a rejected application subject to appeal. The employee can appeal against the employer’s decision.

The appeal must be in writing, setting out the grounds for appeal. The employee can be accompanied by a fellow worker at the appeal hearing.

{{org_field_name}} will give its written decision to the appeal and will accept the judgement of any employment tribunal should the employee escalate the matter.

Training

{{org_field_name}} will ensure that it understands its policy on applying for and granting flexible working and that its managers know how to implement it.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

DS78. Flexible Working