Flexible Working Policy & Procedures

Effective from June 2014

Buckinghamshire New University

Contents 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0

Introduction .................................................................................................................... 4 The Business Need ........................................................................................................ 5 Eligibility ......................................................................................................................... 5 Right to Request Flexible Working ............................................................................... 5 Employee Consultation, Training and Support ........................................................... 6 The Flexible Working Options ...................................................................................... 6 Process to Request a Flexible Working Option ........................................................ 14 Grounds for Refusal .................................................................................................... 15 Appeal ........................................................................................................................... 16 Review ........................................................................................................................... 16 Monitoring ..................................................................................................................... 16

Appendix 1 Overview of procedure Appendix 2 Flexible working application form Appendix 3 Frequently Asked Questions - All Employees Appendix 4 Frequently Asked Questions - Line Managers

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Preamble All University formal documents relate to the policies, strategies, procedures and regulations of the University having been approved by the appropriate formally recognised and constituted body. All University employees and students are required to adhere to the formal processes and regulations of the University. This document should not be read in isolation as other University processes/formal documents could be relevant. A full listing of all formal documents is available on the University’s website. Any interpretation of the content of this formal document will be at the discretion of the Human Resources Directorate. All previous versions of this document as approved by Senior Management Team before January 2013 shall be rescinded. The names of committees and titles of roles may change from time to time. This shall not invalidate the powers of the equivalent successor committees or role holders.

We will consider any requests for accessible formats e.g. Braille, tape, disc, email or a larger font size. Please let us know what you need by contacting the Academic Quality Directorate.

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1.0 Introduction 1.1

The University believes that employees are its most valuable asset and is committed to attracting and retaining the very best, and utilising all the talent and experience available. It also appreciates that the UK workforce is becoming increasingly diverse and includes a high percentage of parents and individuals with other caring responsibilities, as well as those whose interests and aspirations impact on their time. It therefore appreciates that the standard Monday to Friday, 9am to 5pm working week is, in many cases, incompatible with increasing demand for a better work-life balance.

1.2

The University recognises the importance of helping its employees balance their work and home life by offering flexible working arrangements that enable them to balance their working life with other priorities, including parental and other caring responsibilities, religious observances, health problems or disabilities, life-long learning, charity work, leisure activities and other interests. In turn it recognises that staffing levels must at all times remain in line with 1 the demands of the University.

1.3

This policy aims to set out the ways in which flexible working can increase employees motivation, build better relationships between the University and its employees, increase the rate of retention of employees, reduce absence, attract new talent, promote work-life balance and reduce employee stress, and in doing so improve the University’s efficiency, productivity and competitiveness. It provides a description of the issues involved, taking into account the possible benefits of each kind of flexible working to both employees and the University, but also raising possible drawbacks and areas of potential concern.

1.4

The policy considers the following options, but the University recognises that there may be alternatives, and that the working pattern that may suit any particular individual could be a unique one involving a combination of options:           

job-sharing; part-time working; annualised hours; compressed hours; flexitime; term-time working; swapping hours; voluntary-reduced working time; working from home; career breaks; flexible shift working

1.5

Application is open to all employees within the University after 26 weeks of service in their current role.

1.6

Only one application for flexible working may be made in a twelve month period.

1.7

Advice and guidance on all aspects of flexible working can be obtained from the Human Resources Directorate.

1

This policy does not affect the current arrangements for academic employees to discuss timetabling and workload with their line manager.

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2.0 The Business Need Although the University is committed to providing the widest possible range of working patterns for its workforce, both managers and employees need to be realistic and to recognise that the full range of flexible working options will not be appropriate for all jobs across all areas of the University. Each part of the University has a service to provide and this means that there will be established opening and/or operating times when the service needs to be available. Each manager must be clear what these times, days, working patterns and boundaries are in advance in order to manage employee expectations when dealing with flexible working requests. Where an instance of flexible working is proposed the University will need to take into account a number of criteria including (but not limited to) the following:        

the cost of the proposed arrangement; the effect of the proposed arrangement on other employees; the level of supervision that the role-holder requires; the structure of the department and employee resources; other issues specific to the individual's department; an analysis of the tasks specific to the role, including their frequency and duration; an analysis of the workload of the role; an analysis of the workload within the team.

3.0 Eligibility 3.1

Although it is recognised that not all of the flexible working patterns considered will be suitable for all sections of the University’s workforce, there should be no arbitrary barriers. Employees in all areas and levels of the University will be considered for flexible working regardless of their age, sex, sexual orientation, race, or religion or belief, or whether they have a disability, their level of seniority, their current working pattern, or whether they are employed on a permanent or fixed-term basis. However, there is no automatic right for employees to change to any of the flexible working patterns described - each application will be considered on the basis of the particular work involved and any detrimental effect the change could have on an individual, team or on business performance.

3.2

An employee must have at least 26 weeks’ permanent service in their current role at the date of application and if applicable passed their probation period.

4.0 Right to Request Flexible Working 4.1

Under provisions set out in the Employment Rights Act 1996 and regulations made under it, all employees have a statutory right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly provided they have worked for their employer for 26 weeks continuously at the date the application is made. An employee can only make one statutory request in any 12 month period. Employees who have been employed for less than 26 weeks and agency workers do not have a statutory right to request flexible working.

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5.0 Employee Consultation, Training and Support 5.1

Consultation While some approaches to flexible working practices will involve changes to individual contracts of employment and be relatively easy to implement, the University recognises that others such as flexitime or annualised hours will have a greater impact on sections of the University as a whole. Before any such working pattern is implemented it is therefore committed to in-depth consultation with employees and their representatives, and recognises that gaining their agreement is likely to have a positive impact on the success of the scheme. The University works on the basis that consultation gives all parties the opportunity to raise the issues that are of greatest importance to them and ensures that they are considered from all angles. Consultation may take the form of an employee survey followed by focus groups and a pilot scheme of the new working pattern. The findings of any consultation will be communicated to employees, along with any proposed action resulting from the consultation.

5.2

Training and support The University recognises that both managers and employees may benefit from training to accustom themselves to working patterns with which they are unfamiliar.

5.3

Publicity The University will ensure that all managers and employees are kept aware of the flexible working options open to them via Digest and the Website in an effort to increase acceptance of flexibility throughout the organisation the University is also committed to publicising examples of successful strategies also via Digest and the Website. A statement on the University’s policy on flexible working practices will be included in all recruitment literature to encourage applications from the widest range of job applicants possible.

5.4

Time Sufficient time to implement and fine-tune new working practices will always be permitted.

6.0 The Flexible Working Options 6.1

Job-sharing 6.1.1

What is it?

An arrangement whereby two part-time employees share the responsibilities of one position. In a 'shared responsibility' arrangement the individuals both carry out all the duties of the job, simply picking up the work where the other one left off, while in a 'divided responsibility' arrangement the duties of the position are divided between the two individuals, with each being able to provide cover for the other where necessary. 6.1.2   

Benefits to employee Permits more time for caring responsibilities or other commitments. The employee works at regular, defined times, permitting arrangements in their free time to be made in advance. Can allow the employee to become more accustomed to increased leisure time in the runup to retirement.

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

6.1.3    6.1.4     

6.1.5

Can permit an employee to continue with the security of regular employment while at the same time working on a self-employed basis, as long as there is no conflict of interest. Benefits to employer Two individuals are likely to bring increased skills and expertise to the position. Peak periods of demand can be covered by hours when the two individuals work simultaneously. Sick leave and annual leave can be covered. Points to watch Increased costs are likely to result from training, overlap time and equipment where it cannot be shared. The arrangement is likely to be unsuccessful unless regular communication and handovers take place between the individuals. Account must be taken of what happens if one individual leaves. Demands on line managers increase in line with the number of individuals for whom they have responsibility. One individual's prolonged sickness or other absence or an issue with their conduct will impact on the other individual in the arrangement. Legislation Equality Act 2010

6.2

Part-time Working 6.2.1

What is it? A system whereby the employee is contracted to work fewer than the standard number of contractual hours per year for the type of work in question.

6.2.2   

6.2.3  

6.2.4     6.2.5

Benefits to employee Employee can fit paid work around childcare, caring responsibilities and other commitments. Can allow the employee to become more accustomed to increased leisure time in the run up to retirement, or to supplement a pension from another employer. Can permit an employee to continue with the security of regular employment while at the same time working on a self-employed basis. Benefits to employer Periods of peak demand in service can be targeted. Can be used to retain the skills of women employees after maternity leave and to accommodate life-style changes for employees. Points to watch Reduced pay may not make it feasible for all employees. There must be no less favourable treatment of part-time workers in relation to pay and other benefits such as pension, sick pay, holiday and training, unless such detrimental treatment can be objectively justified. A reduction in the number of hours worked may be a reasonable adjustment permitting a disabled individual to do or continue in a job. Overtime rates (if applicable) will be payable only when the employee has worked beyond the normal full-time contractual hours for the position. Variations

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There is enormous variation in part-time working patterns. Examples are later start or earlier finish times, afternoons or mornings only, and fewer working days in the week.

6.2.6

Legislation Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Equality Act 2010

6.3

Annualised hours 6.3.1

What is it?



A system whereby the employee's contractual working hours are expressed as the total number of hours to be worked over the year, allowing flexible working patterns to be worked throughout this period.



Usually the hours are divided into rostered hours, which are set, and reserve hours, when the employee can be called into work as demand dictates (and to cover unplanned work and employee absence).

6.3.2 

6.3.3    

6.3.4          

Benefits to employee The set hours that an employee is rostered to work will usually be known well in advance. Benefits to employer Particularly suitable where there are predictable fluctuations in activity level for different teams over different periods, or where the situation is less predictable but workload is likely to be heavy at points throughout the year and light at others. Greater flexibility to match staffing to the demands of work. The working hours necessary to produce an effective customer relationship can be guaranteed. Improved productivity.

Points to watch Employees can be called in at short notice so may find they have less freedom in planning their leisure hours. Long hours at particular times of the year in areas with seasonal demand may result in increased stress and absence, and difficulties for employees with caring responsibilities. Overtime or time off in lieu opportunities (if applicable) for employees are reduced or non-existent so can no longer be used as an incentive. The University may find itself paying for hours not actually used. Effective communication may be a problem, especially where rostering arrangements mean individuals are away from work for long periods at a time. Demands on administrative time and resources are often high. The need for overtime may not be removed completely. Annualised hours are rarely available on an individual basis. The option is usually introduced to provide greater flexibility in the way work is organised to accommodate peaks and troughs in demand for the University’s services. There will need to be an agreement on what happens to reserve hours that have not been used throughout the year. Adopting an annualised hours system requires careful planning and communication, and will usually require union agreement and a lengthy period of employee consultation.

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

6.3.5

Account must be taken of what happens when an employee leaves part way through a year.

Variations Some systems work over a three or six-month period rather than a full year.

6.3.6

Legislation Working Time Regulations 1998 National Minimum Wage Act 1998

6.4

Compressed hours 6.4.1

What is it? This system permits employees to work their total number of contractual hours over fewer working days. Usually a five-day week is compressed into four days or four and a half days, or a 10-day fortnight into nine days.

6.4.2   6.4.3   6.4.4

Benefits to employee An extra day per week/fortnight is freed up for the employee to pursue a hobby or further education, or spend time with dependants. No reduction in pay. Benefits to employer Quiet periods of work can be used more effectively if the employee's time off is arranged to coincide with them. Employee cover can be extended beyond the normal hours of work. Points to watch



Working long hours can cause fatigue and affect performance, cancelling out the advantages of the scheme.



Where service cover has been extended by longer hours, consideration needs to be given to what will happen if the employee no longer wants to continue with the arrangement.



Where more than one employee within a team wishes to work compressed hours, a rota may be necessary to ensure fairness, as some days (usually Monday and Friday) will be more popular choices for time off.

6.4.5

Legislation Working Time Regulations 1998

6.5

Flexitime 6.5.1

What is it? This system permits flexibility of working hours at the beginning and end of a day or shift. The employee must work designated 'core hours' and complete an agreed number of hours over an agreed period, usually a month. The most common core hours are 10am to 12pm and 2pm to 4pm. The scheme might then allow a start time from 7.30am onwards and a finish time up to 6.30pm.

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The employee is normally permitted to carry over a specified number of credit hours into the following month. For example, where the contracted hours are 160 hours per month the employee will be able to carry over up to 10 hours of credit into the next month, this enables them to take a maximum of one working day off per month. 6.5.2      6.5.3   

6.5.4     6.5.5

Benefits to employee Increased scope to manage work and personal commitments. Depending on the rules of the scheme, credit hours may be turned into full days off work Travel to and from work may be easier and cheaper outside peak hours. Some people are naturally early or late risers and their working day can be fitted around these natural rhythms. Tasks requiring concentration can be undertaken during the quiet extended parts of the working day. Benefits to employer Flexitime can act as a recruitment and retention aid. Staff cover can be extended beyond the normal hours of work. Individual control over the start and end of the working day can be particularly helpful for those with caring responsibilities, the majority of whom are women - such a scheme can therefore assist in the promotion of equal opportunities. Points to watch An accurate system of recording the hours worked is required. Depending on business requirements, it may be necessary to stipulate that adequate cover is provided during the flexi period. Working long hours can cause fatigue and affect performance. Unless the scheme is handled with care, additional burdens may be placed on some team members or customer service may suffer at particular times. Legislation Working Time Regulations 1998

6.6

Term-time working 6.6.1

What is it?



A system whereby the employee works under a permanent contract, but can take unpaid leave of absence during the term holidays, ie. the individual works in line with the student term time and does not work outside of the term time.



The contract usually specifies that no annual holiday should be taken during term time.

6.6.2  6.6.3 

6.6.4

Benefits to employee The problem of finding childcare during school holidays is removed, and the employee can spend more time with his/her children during this time. Benefits to employer The recruitment and retention of individuals whose childcare responsibilities might otherwise keep them out of the employment market is made possible. This is particularly valuable in areas where recruitment is hard, and as a means of particularly attracting women back to work. Points to watch

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

Other employees may be put under pressure not to take their annual holiday during the school holidays.



The reduction in pay could act as a disincentive.



Where a long break from employment would be disruptive to the job or service provided, or where the employee has unique knowledge or skills that are needed on a consistent basis throughout the year, this system may be unsuitable.



Where a managerial role is being considered for term-time working, account must be taken of whether the team involved can work extended periods without direct supervision.

6.6.5

Variations Longer hours could be worked during term time and shorter hours during the school holidays to make up full-time hours.

6.6.6

Legislation Working Time Regulations 1998 National Minimum Wage Act 1998

6.7

Swapping hours 6.7.1

What is it? A system whereby employees can swap hours or shifts with colleagues doing the same type of work at different times of the day.

6.7.2

Benefits to employee



Occasional changes in hours or shift can be organised, e.g. to attend a school sports afternoon or prize giving, or to be at home for a delivery or to have repair work done.



No loss of pay.

6.7.3

Benefits to employer



The needs of the business or service continue to be met.



Where an employee would have taken a day's holiday to meet his/her personal needs the employer may have had to organise cover and this need is removed.



Minimal managerial involvement is necessary.

6.7.4 

Notes It would not be possible to accommodate shift swaps between employees who are paid at different rates or who are unable to fulfil the requirements of the role. This therefore limits the individuals who can undertake the swops.

6.7.5

Legislation Working Time Regulations 1998

6.8 Voluntary reduced working time (V-time) 6.8.1

What is it? A system whereby it is agreed that the employee will work reduced hours for a certain period of time, with a return to full-time hours at the end of this period.

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Salary, pension, holiday and other benefits are pro rated during this time.

6.8.2 

6.8.3

Benefits to employee A temporary reduction in hours allows an employee to accommodate a specific event in his/her life, e.g. a course of study or a relative's illness, but to return to the security of a full-time position. Benefits to employer



The employee's skills are retained on a reduced basis at a point when they might otherwise have been lost completely, and regained on a full-time basis when the agreed period comes to an end.



The system could also act as a means of permitting an employee recovering from an illness or adjusting to an impairment to return to work on a phased basis.

6.8.4

Variations



Although the variation in hours is usually temporary it may also be permanent.



Employees could also volunteer to increase their hours.

6.8.5

Legislation Working Time Regulations 1998 Equality Act 2010

6.9 Working from home 6.9.1

What is it? A system whereby the employee carries out all or a proportion of his/her duties from home rather than on the employer's premises. It may consist of the occasional day at home to coincide with a domestic requirement, or a regular arrangement of several days a week.

6.9.2

Benefits to employee



Travel time and costs are reduced, often resulting in a reduction in stress.



The system may permit more flexible hours, e.g. the employee may be able to start work earlier as a result of no longer having to commute to work.

6.9.3

Benefits to employer



A wider catchment area for recruitment is created.



Productivity can be increased by reducing working time lost to traffic jams and train and bus delays.



Employees who do not have to commute to work may start their working day more mentally alert.



Desk and equipment sharing can save on costs.



The system may make work more feasible for an individual with a disability affecting mobility.

6.9.4

Points to watch

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

A higher degree of trust may need to be placed in the employee as direct supervision of his/her activities will no longer be possible.



Unless it is clear at which times the employee can be contacted at home regarding work, work time may overspill into the employee's leisure time.



Employee motivation may be an issue.



The employee may begin to feel isolated and out of touch with the workplace and the rest of the team.



Communication may deteriorate, particularly if the individual rarely visits the employer's premises.

6.9.5

Notes



The system is often utilised by mobile employees, who spend a large proportion of their working time away from the University premises.



The University will ensure risk assessments are completed for employee's work station where required and ensure that he/she is working safely.



The employee will be responsible for any necessary furniture, IT equipment or phone lines.



A trial basis may be helpful.



A change in the employee's personal circumstances, e.g. if he/she becomes a parent or moves to a smaller house, may make home working more difficult, so the suitability of the arrangement may need to be reviewed on a regular basis.



The impact of the employee's absence from the workplace on other employees in the team must be considered carefully.

6.9.6

Legislation Working Time Regulations 1998 Health and Safety at Work Act 1974 Management of Health and Safety at Work Regulations 1999 Health and Safety (Display Screen Equipment) Regulations 1992

6.10

Flexible shift working 6.10.1 What is it? 

A variation on the traditional, fairly rigid, shift work system whereby employees can negotiate the shifts that suit their needs and/or rearrange shifts among themselves.

6.10.2 Benefits to employee 

Occasional changes in shift can be organised to accommodate a particular need or event in an employee's life and/or employees can request changes to the shift rota to suit their individual needs.



Job satisfaction increases when employees' personal requirements are taken into account.



Where partners or relatives are employed by the same employer, greater control over the shift patterns they work means they can share caring responsibilities.

6.10.3 Benefits to employer 

The needs of the business or service continue to be met.

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6.10.4 Points to watch 

Demands on administrative time and resources may increase.

 

It may not be possible to accommodate all employees' requirements and preferences. The individuals who will be undertaking the swops need to be identified and agreed.

6.10.5 Variations 

Employees' personal requirements may include part-time working, evenings only, daytime only or shifts that coordinate with those of their partner or another relative.

6.10.6 Legislation Working Time Regulations 1998 6.11

Career breaks 

Please refer to the University’s Career Break Policy (incorporating sabbaticals)

7.0 Process to Request a Flexible Working Option 7.1

The University will consider requests from all employees, with 26 weeks service in their current roles irrespective of the reason for the request. A request for a change to working hours or pattern of working may be made for a temporary period or on a permanent basis.

7.2

If the reason for the employee’s request to change his/her pattern of working is time limited or short term (for example, to undertake a course of study for a specific period), he/she may make a request for flexible working for a defined temporary period. “Temporary period” for the purposes of this policy is regarded as a period between one and 12 months. Any agreed changes for a period of longer than 12 months will be regarded as permanent changes to the employee’s contract of employment. However, the employee may request further changes or a different pattern of flexible working at any subsequent time, for example if his/her circumstances change, however such requests are limited to one per year.

7.3

Where a request for a change to the employee’s working pattern is agreed, there will be a trial period for the individual and University. The length of the trial period will be at the manager’s discretion but will normally be three months. The purpose of the trial period will be to establish - from both an individual, University and operational perspective - whether or not the new pattern of working is in fact workable in the longer term, taking into account the responsibilities and duties of the employee’s job. After the trial period has been confirmed as successful, the working pattern will be confirmed as a permanent change.

7.4

In some cases, if the employee’s line manager deems it appropriate, a longer trial period may be agreed (up to 6 months). Alternatively, a review date may be set at which time the new working arrangements will be reviewed with a view to establishing whether or not the arrangements could be improved or any adjustments may be beneficial.

7.5

Under this policy, the University does not undertake to grant requests for flexible working automatically. This policy gives employees the right to request flexible working and to have the request considered fairly and openly by the University. It does not entitle employees to have their hours of work or working pattern changed on demand. Nevertheless, the University will give fair consideration to all requests and will hold a discussion with the employee making the request to explore fully whether or not granting it is feasible.

7.6

Each request will be dealt with individually, taking into account the likely effects that the proposed changes to working hours or place of work are likely to have on the University, the work of the department in which the employee making the request is employed, and the employee's colleagues.

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7.7

The University reserves the right to reject any particular request for flexible working if, in the opinion of the manager, the pattern of working requested would not be practicable or workable or if, in the manager’s view, it would create operational difficulties or problems in terms of ensuring that the employee’s work is done in a timely and efficient manner. Reasons for rejection may include industry-specific reasons or reasons related to the needs of the students and other client groups.

7.8

Furthermore, agreeing to one employee's request will not set a precedent or create a right for another employee to be granted any particular change to his/her working pattern.

Procedure for making a flexible working request 7.9

Any employee making a request for flexible working should first think through the request carefully and be prepared to discuss with his/her line manager how the pattern of working requested might be made to work in practical terms, taking into account the needs of the job and should be sufficiently aware of the implications of any reduced hours on their salary and other benefits.

7.10

An employee who wishes to request a change to his/her working pattern/hours should submit the ‘flexible working application form’ (Appendix 2) to their line manager. The line manager will arrange a meeting with the employee to discuss the request in more detail. The meeting will be arranged as soon as possible and, in any event, will take place within no more than 28 calendar days. The purpose of the meeting will be to discuss the working pattern that the employee has requested in more detail and to establish whether or not it is workable, taking into account the business and operational needs of the University.

7.11

At the meeting, either the employee or the manager may suggest alternative working patterns if this might lead to a compromise or to a different arrangement that both parties find acceptable. For example, if an employee’s request to work from home on a full-time basis cannot be accommodated, the manager may suggest (and discuss with the employee) whether or not he/she could be permitted to work from home for part of his/her working time.

7.12

The line manager will also discuss with the employee the full implications of granting his/her request. For example, if the employee’s hours of work are to be reduced, it will be clarified that this will result in a proportionate reduction in pay and holiday entitlement.

7.13

Following the meeting with the employee, the line manager will notify the employee of whether or not his/her request can be granted and if agreed, the date on which the new arrangements will start. These details will subsequently be confirmed in writing within 10 working days of the meeting and the details will represent changes to the employee’s contractual terms.

7.14

Where a request is refused, the employee may appeal in writing to the managers’ manager and any such appeal should be made within 10 working days of the communication of the refusal of the request. The employee should state the grounds for the appeal.

7.15

Employees who are exercising their parental right to request flexible working under the Employment Act 2002 should also complete the section confirming the relationship between the employee and the child.

8.0 Grounds for refusal 8.1

Maintenance of high standards of service to students and colleagues is crucial to the success of the University. All requests for changes in working patterns will be considered in this context. An application may be refused for one, or more, of the following reasons:  the burden of additional costs;

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       

8.2

detrimental effect on ability to meet customer demand; inability to reorganise work among existing employees; inability to recruit additional employees; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; planned structural / organisational changes; and such other grounds as the secretary of state may specify by Regulations (requests under Employment Act 2002 only).

The University will provide a written explanation to the employee of which and how these grounds for refusal are applicable to the circumstances.

9.0 Appeal 9.1 If the application for flexible working has been refused, the employee may appeal in writing to their line manager’s manager within 10 working days of being notified of the decision. The decision will be reviewed by the line manager’s manager and the relevant HR Business Partner, who will consider the original application, the grounds for refusal and the appeal. The employee should receive notice of the decision within 10 working days of their meeting. 9.2 The Grievance Procedure cannot be used in conjunction with this policy except in cases where procedural irregularities are claimed.

10.0 Review There will be a review of any agreed changes to working patterns after a trial period, usually three months, to assess the impact of the new arrangement on all concerned and make adjustments if required. This may include a return to the original working pattern.

11.0 Monitoring The application of the policy will be monitored by the HR Directorate to ensure consistency of approach and compliance with relevant legislation.

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APPENDIX 1 Overview of Procedure

Desire to change working pattern resulting in variation to Contract of Employment

Have at least 26 weeks permanent service in current role

No Ineligible to make request

Yes Have made previous application for flexible working in last 12 months

Yes Ineligible to make further request

No Submit the ‘flexible working application form’ to line manager

Within 28 calendar days meet with line manager to discuss application

Not agreed Decision notified to employee within 14 calendar days of meeting

Agreed

Informed in writing and contract varied

Review after 3 months

Right of appeal within 14 calendar days of decision

Flexible working application form

APPENDIX 2

Please complete & discuss with your line manager

Employee name Faculty/Directorate Role title For requests under the Employment Act 2002 Relationship to the child/adult who lives at the same address:

Flexible Working Request (including reasons for request, type of flexible working including hours and days where applicable, and impact on duties): Please continue on additional page if required.

Applicants Signature Authorised (Please tick)

Yes

Date No (reason in writing required)

Line Manager’s Name: Signature:

Date:

Please return a copy to the Human Resources Directorate

Buckinghamshire New University

APPENDIX 3 Frequently Asked Questions – All Employees

Q A

What is flexible working ? The term ‘flexible working’ describes a type of working arrangement which gives some degree of flexibility on how long, where and when an employee works.

Q A

Who has the right to request flexible working ? Since April 2003 parents of children under the age of 6 with 26 weeks’ continuous service have been able to request a variation to their contract so that they can work more flexibly. In 2007, this right was extended to those with caring responsbilities and was extended to parents with children under the age of 17 have the right to request an application be considered. The University’s policy on flexible working extends this to all employees in all areas and levels regardless of their age, sex, sexual orientation, race, or religion or belief, or whether they have a disability, their level of seniority, their current working pattern, or whether they are employed on a permanent or fixed-term basis.

Q A

Can I be refused? Yes. There is no automatic right for employees to change to any of the flexible working patterns described in this policy - each application will be considered on the basis of the particular work involved and any detrimental effect the change could have on individual, team or University performance.

Q A

What types of flexible working are covered by the policy? A flexible working request can be made for changes to :  The number of hours an employee is required to work  The times an employee is required to work  Where the employee is required to work i.e. at home or place of work Working pattern examples include annualised hours, compressed hours, flexitime, job sharing and term time only working. A full list of examples can be found in the policy under Section 6.

Q A

How long must I work before I can apply? 26 weeks. An employee must have at least 26 weeks’ service in their current role at the date of application.

Q A

How long do I have to wait for a response? 28 calendar days. Your manager will give fair consideration to all requests and will hold a discussion with the employee making the request to explore fully whether or not granting it is feasible.

Q A

Can I appeal if I am turned down ? Yes. If the application for flexible working has been refused, the employee may appeal in writing to their line manager’s manager. The original application will be considered as will the grounds for refusal at the appeal. The employee should receive notice of the decision within 10 working days of the appeal meeting.

Q

Other members of the team have flexible working agreements in place, can I have the same arrangement?

A

Your manager will give fair consideration to all requests and will hold a discussion with the employee making the request to explore fully whether or not granting it is feasible. However, agreeing to one employee's request will not set a precedent or create a right for another employee to be granted any particular change to his/her working pattern.

Flexible Working Policy & Procedures

Buckinghamshire New University

Q A

Can I apply for more than one type of flexible working practice? You may request a flexible working arrangement which may involve more than one type of flexible working practice such as part time and term time only. This request will then be considered as detailed in the procedures.

Flexible Working Policy & Procedures

Buckinghamshire New University

APPENDIX 4 Frequently Asked Questions - Managers Q A

What do I do if I get a request for flexible working? You are asked to consider all applications from all grades within the University after 26 weeks of service. You will need to take into account a number of criteria including (but not limited to) the following:       

Q A

the cost of the proposed arrangement; the effect of the proposed arrangement on other employees; the level of supervision that the role-holder requires; the structure of the department and employee resources; other issues specific to the individual's department; an analysis of the tasks specific to the role, including their frequency and duration; an analysis of the workload of the role.

Do I have to accept the request? No. There is no automatic right for employees to change to any of the flexible working patterns - each application will need be considered on the basis of the particular work involved and any detrimental effect the change could have on individual, team or business performance. You will be required to meet with the employee within 28 calendar days of the application to discuss the issues and potential impact and arrive at a decision. You will be required to provide a written explanation to the employee of the grounds for refusal. See the criteria in Section 8.

Q A

Can the employee appeal my decision? Yes. An employee has 10 working days in which to appeal to their line manager’s manager. The employee should receive notice of the decision within 10 working days of their meeting.

Q A

What can I do if I have concerns about the impact this arrangement will have? You should share concerns and use the face to face meeting to suggest alternative working patterns which might lead to a compromise or to a different arrangement that both parties find acceptable. Where a request for a permanent change to the employee’s working pattern is agreed, you can impose a trial period, the length of which will be at your discretion but will normally be three months. The purpose of the trial period will be to establish - from a business and operational perspective - whether or not the new pattern of working is in fact workable in the longer term, taking into account the responsibilities and duties of the employee’s job.

Q A

What happens after we come to an agreement ? The manager should write to the employee confirming the arrangement and the length of the trial period. Copy the letter to your HR Business Partner. Where the change impacts the terms and conditions of the employee the HR Advisor will confirm these details in writing to the individual.

Prepared by:

Human Resources Directorate

Final Approval by:

SMT – January 2013

Equality Analysis

19 November 2012

Review Date:

January 2016

Updated on:

January 2013

Flexible Working Policy & Procedures

Date:

Nov 2012

Buckinghamshire New University

Flexible Working Policy & Procedures