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SL90-Flexible Working and Work-Life Balance Policy

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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

Flexible Working and Work-Life Balance Policy

1. Purpose

The purpose of this policy is to provide clear guidance on flexible working arrangements and work-life balance at {{org_field_name}}. We recognise that appropriate flexible working arrangements can support staff well-being, recruitment and retention while maintaining safe, effective and person-centred support for people we support.

This policy sets out how requests for flexible working will be made, considered and determined fairly, consistently and in accordance with applicable employment law.

The policy reflects the statutory right of employees to request flexible working under the Employment Rights Act 1996, as amended, including by the Employment Relations (Flexible Working) Act 2023, together with the Flexible Working Regulations 2014, as amended by the Flexible Working (Amendment) Regulations 2023, and the current Acas Code of Practice on requests for flexible working.

When considering or implementing flexible working arrangements, {{org_field_name}} will continue to meet its obligations under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including maintaining sufficient numbers of suitably qualified, competent, skilled and experienced staff and operating effective systems of governance, risk management and record keeping.

Flexible working arrangements will therefore be considered alongside the assessed needs, safety, continuity of support and rights of the people we support.

2. Scope

This policy applies to employees of {{org_field_name}}, including full-time and part-time employees and employees engaged on bank or variable-hours arrangements where they have employee status.

The statutory right to request flexible working is an employment right and applies to employees from the first day of their employment.

Agency workers who are supplied to {{org_field_name}} by an employment agency are not generally employees of {{org_field_name}} and do not acquire a statutory right to make a flexible working request to {{org_field_name}} solely because they undertake work within the service. Any statutory employment rights they may have must be considered by the employer responsible for their employment, subject to any specific statutory exceptions.

{{org_field_name}} may, at its discretion, consider non-statutory requests for flexibility from workers or other persons who do not qualify for the statutory right. Any such consideration does not give that person employee status or extend the statutory flexible-working regime where it does not otherwise apply.

This policy covers requests relating to an employee’s:

Flexible arrangements may include, where appropriate to the employee’s role and the operational requirements of the service, part-time working, job sharing, compressed hours, term-time working, flexible start and finish times, changes to shift patterns and home or hybrid working for roles that can appropriately be undertaken away from the service.

3. Legal and Regulatory Compliance

{{org_field_name}} will implement this policy in accordance with applicable legislation and statutory guidance, including:

Equality Act 2010

Flexible working requests must be considered without unlawful discrimination.

Managers must take account of the Equality Act 2010 where a request relates to, or may affect, a protected characteristic. A request for flexible working may also be connected with an employee’s disability or with responsibilities for another person who has a protected characteristic.

Where an employee is disabled and seeks a change to working arrangements as a reasonable adjustment, the request must also be considered separately under the organisation’s duty to make reasonable adjustments under the Equality Act 2010. The employer’s duty to consider and, where required, make reasonable adjustments is separate from the statutory flexible-working procedure.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Flexible working arrangements must not prevent {{org_field_name}} from complying with the fundamental standards applicable to its regulated activities.

In particular:

4. Principles of Flexible Working

At {{org_field_name}}, we are committed to fostering a culture where staff can request flexible working without fear of discrimination. We aim to:

5. Types of Flexible Working Available

We offer a variety of flexible working options, subject to operational requirements and the needs of people we support. These include:

Part-Time Working

Employees may request to reduce their contracted hours, working fewer days per week or shorter shifts.

Job Sharing

Two employees may share the responsibilities of a full-time role, ensuring workload distribution and continuity of care.

Compressed Hours

Employees may choose to work longer hours over fewer days, allowing them additional days off while maintaining full-time hours.

Term-Time Working

Employees with childcare responsibilities may request to work during school terms only, taking unpaid leave during holidays.

Flexible Start and Finish Times

Employees may adjust their shift start and finish times to accommodate personal responsibilities while ensuring safe service coverage.

Shift Swapping

Staff may swap shifts with colleagues, subject to managerial approval to ensure safe staffing levels.

Home Working

For non-frontline staff, remote working arrangements may be considered, ensuring all regulatory and confidentiality requirements are met.

Phased Retirement or Phased Return to Work

Employees approaching retirement or returning from maternity leave, sickness, or long-term absence may request a phased return to work with gradually increasing hours.

6. Making a Flexible Working Request

Employees have a statutory right to request flexible working from the first day of their employment. There is no minimum length-of-service requirement.

An employee may make up to two statutory flexible working requests to {{org_field_name}} during any period of 12 months.

An employee may have only one statutory flexible working request proceeding at any one time. A request remains live until it is decided, withdrawn, an outcome is mutually agreed, or the applicable statutory decision period ends.

A statutory flexible working request must be made in writing and must:

Employees are not required, as a condition of making a valid statutory request, to explain what effect they believe the requested change would have on {{org_field_name}} or to propose how any effect should be addressed.

Employees may nevertheless provide any additional information that they consider relevant to their request, and managers and employees are encouraged to discuss practical options as part of the consultation process.

Where a request is made because of a disability or may amount to a request for a reasonable adjustment under the Equality Act 2010, it must also be considered in accordance with {{org_field_name}}’s obligations to make reasonable adjustments. The statutory flexible-working procedure does not replace or limit those obligations.

7. Consideration and Decision Process

{{org_field_name}} will deal with every statutory flexible working request in a reasonable manner and without unreasonable delay.

Managers will carefully consider the requested arrangement, taking account of relevant matters including:

Where {{org_field_name}} does not intend to agree to the employee’s written request in full, the request must not be rejected without first consulting the employee.

A consultation meeting will therefore be arranged without unreasonable delay where the request cannot immediately be accepted in full. The consultation will provide an opportunity to discuss the request, relevant operational considerations and, where appropriate, possible modifications, alternative arrangements or a trial period.

A record of the consultation and the decision will be maintained.

{{org_field_name}} will approve a statutory flexible working request unless there is a genuine statutory business reason for refusing it.

A statutory request may only be refused for one or more of the following business reasons:

A request will not be rejected for a reason outside the statutory grounds applicable to flexible-working requests.

Once a decision has been made, the employee will be informed without unreasonable delay.

Where a request is agreed, the employee will receive written confirmation of the agreed arrangement, including the date on which it will take effect. Where the arrangement results in a permanent contractual variation, the employee’s terms and conditions will be amended accordingly. Where a temporary arrangement or trial period has been expressly agreed, the written confirmation will state its duration and any review arrangements.

Where a request is refused, the employee will receive a written decision identifying the applicable statutory business reason or reasons and explaining the basis for the decision.

All statutory flexible-working requests, including any appeal under this policy, must be decided and the outcome communicated to the employee within two months of the date on which {{org_field_name}} first received the request, unless {{org_field_name}} and the employee agree to extend that period.

Any agreed extension to the statutory decision period will be confirmed in writing.

8. Appeal

There is no statutory right of appeal against an employer’s decision on a statutory flexible-working request. However, {{org_field_name}} provides an internal right of appeal under this policy to support fair and reasonable decision-making.

An employee who wishes to appeal a decision to refuse their flexible-working request should submit their appeal in writing within 14 calendar days of receiving the decision and should explain the grounds of their appeal.

Grounds of appeal may include, for example:

The appeal will, wherever reasonably practicable, be considered by a manager who was not responsible for the original decision and who has sufficient authority to determine the appeal.

An appeal meeting will be arranged without unreasonable delay where appropriate. The outcome of the appeal will be communicated to the employee in writing and will explain the decision reached.

The appeal process forms part of the statutory flexible-working decision period. The original request and any appeal must therefore be concluded and the final outcome communicated within two months of the date on which the original statutory request was first received, unless {{org_field_name}} and the employee have agreed an extension to that period.

Any agreed extension will be confirmed in writing.

9. Managing Flexible Working Efficiently

To ensure that flexible working does not negatively impact service provision, {{org_field_name}} will:

10. Work-Life Balance Initiatives

We are committed to supporting staff well-being through:

11. Responsibilities

Managers

Employees

12. Related Policies

13. Policy Review

This policy will be reviewed annually, or earlier if:

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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