Flexible working
Introduction
The Employment Act 2002 gives the right for employees with 26 weeks' continuous service, a child under the age of 17 (18 where the child is disabled) and parental responsibility for the child to request a change to the number of hours that they work, the times that they work or their place of work. The right to request flexible working is available to employees who have a minimum of 26 weeks' continuous service and who have caring responsibilities for an adult aged 18 or over who is their spouse, partner or civil partner; a relative; or someone who lives at the same address also have the right to request flexible working.
In the past the Commission has dealt with such requests using informal procedures and staff may choose which procedure to use.
The definition of working flexibly is that staff will be able to ask for the following open ended changes to their contract of employment which will continue to apply after the 16th birthday of the child, or 18th birthday of a disabled child:
- a change to hours worked
- a change to the times when required to work
- to work from home.
This includes:
- annualised hours
- compressed hours
- flexi-time
- homeworking
- job-sharing
- self-rostering
- shift working
- staggering hours
- term-time working
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Rights and responsibilities
The rights of staff are to:
- apply to work flexibly
- have their application considered properly in accordance with the set procedure and refused only where there is a clear business ground to do so
- be accompanied at meetings to discuss the application
- have a written explanation when an application is refused
- appeal against the decision to refuse an application, and
- take a complaint to a tribunal in certain circumstances.
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The responsibilities of staff are to:
- provide a carefully thought out application
- ensure that the application meets the eligibility criteria and that all necessary information is provided
- ensure the application is made well in advance of the date it may take effect
- discuss the application with the LGO in an open and constructive manner, and
- if necessary be prepared to be flexible to reach an agreement with the LGO.
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The rights of the LGO are to:
- seek the employee’s agreement to extend timescales for considering the application where it is appropriate
- reject an application where the desired working pattern cannot be accommodated within the needs of the LGO, and
- consider an application withdrawn in certain circumstances where the employee fails to attend meetings or refuses to provide information needed to assess whether a contract variation can be approved.
The responsibilities of the LGO are to:
- consider the request in accordance with the procedure
- comply with the time limits within the procedure
- provide the employee with appropriate support and information during the application
- refuse a request where there is a business ground and to explain in writing why this is, and
- ensure that any variation to the procedure is agreed in advance with the employee and recorded in writing.
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Procedure for making an application
To make an application staff must comply with the following criteria:
- make the request no later than two weeks before the child’s appropriate birthday
- be responsible for the upbringing of the child and make the application to enable them to care for the child
- be the mother, father, adopter, guardian or foster parent of the child; or married to, or partner of, the child’s mother, father, adopter, guardian or foster parent, and
- not have made another application to work flexibly under this policy during the past 12 months.
Applications must be in writing to the Head of HR and should:
- state the application is being made under the statutory right to request a flexible working pattern
- confirm the member of staff has responsibility for the upbringing of the child and is either the mother, father, adopter, guardian or foster parent; or married to or the partner of the child’s mother, father, adopter, guardian or foster parent
- explain what effect, if any, the employee thinks the proposed change would have on the employer and how, in their opinion, any such effect might be dealt with
- state on which date it is proposed the change should become effective, and
- state whether a previous application has been made and, if so, when it was made.
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The application will be considered by the Deputy. If he or she does not agree to the request immediately, or wishes to discuss the request, a meeting will be held with the member of staff to consider the request within 28 days after the receipt of the application. The member of staff may be accompanied at this meeting by a work colleague or Trade Union representative.
If the Deputy who will consider the request is sick or on leave when the application is received, the meeting will be held within 28 days from his or her return to work, or by anyone acting on his or her behalf.
Within 14 days of the meeting the LGO will write to the member of staff. If the request is accepted, the LGO will confirm the new working pattern and give the date from which the new working pattern will take effect. If the request is rejected, the LGO will state the business ground for refusing the application and provide explain how this applies in the circumstances. The letter will also set out the employee’s right to appeal.
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The business grounds for refusing an application are:
- burden of additional costs
- detrimental effect on the ability to meet customer demands
- inability to re-organise work among existing staff
- inability to recruit additional staff
- detrimental impact on quality
- detrimental impact on performance
- insufficiency of work during the period the employee wishes to work
- planned structural change.
If the application is rejected, the employee has 14 days to appeal in writing from the date of receiving the decision. The appeal will be considered by the Commission but the meeting must take place within 14 days of receiving of the appeal and the outcome of the appeal must be given to the employee in writing within 14 days of the date of the meeting.
August 2011
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Date Updated: 09/09/11