Flexible working request policy and procedure

Contents 1 2 3 4 5 6 Appendices Introduction Scope Legal framework Application and procedure Appeal procedure Withdrawal of an application Appendix 1 Process flow chart Appendix 2 Legal definitions of caring responsibilities Appendix 3 Statutory grounds for refusing a request for flexible working Appendix 4 Application form Appendix 5 Formal meeting invite letters Appendix 6 Flexible working request outcome form

1.

Introduction

1.1 The University encourages flexible working recognising the need for all staff to balance home and work commitments and understands that flexible working is one way in which it can recruit and retain high quality motivated staff. 2 Scope

2.1 Any staff member with at least 26 weeks continuous service within the University who is seeking a change to their working arrangements is eligible to apply. This policy applies to all staff who may seek flexibility with regards to their work due to interests, activities or aspirations outside of work. Those with caring responsibilities are also covered by the legislative framework as described in 3 below. 2.2 Once a request has been made, regardless of the outcome, no further request can be made until 12 months have elapsed. 2.3 Changes made under this procedure will be permanent in nature. Temporary changes can be agreed locally, outside of this procedure, but should be of no more than 6 months in duration.

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Legal framework

3.1 This procedure is underpinned by the Flexible Working Regulations 2002 and the Work and Families Act 2006 which requires all employers to follow a prescribed procedure to consider requests for flexible working from employees with parental responsibilities as well as those employees who care for, or are expected to care for, certain adults. 3.2 UWE, in extending the scope of this policy to all staff, will use the same procedural framework to review all requests for flexible working; not just those that fall within the regulations. 3.3 Definitions of those who are covered by the legislative framework are shown in Appendix 1, for information.

4 4.1

Application procedure Any employee seeking a change to their working arrangements should complete a flexible working request - application form (Appendix 4) detailing the nature of the flexibility that they are seeking as well as how they would see this change working within their team. They should send the form to their manager. The individual should clearly indicate on the form where their application is made in relation to a parental or caring responsibility and should detail the nature of that responsibility fully. On receipt of an application, a manager should meet with the employee within 28 days in order to discuss the request. Where it is not possible to meet within the timescale, due to absence, annual leave or sickness, both parties should agree to defer to an alternative date at the earliest opportunity. (See appendix 5a for a template invite to meeting letter) The manager should close the meeting by completing and signing the form and making it clear to the individual that, as a result of their request, their decision is either: a. Able to agree to the change in its current format from an agreed date b. Unable to agree to the change in its current format but both parties have agreed to an amended request which can be put in place from an agreed date c. Unable to agree to the request

4.2

4.3

4.4

4.5

In the case of a. and b. above, the manager will forward the original request form and outcome form (appendix 6) to HR Staff Services ( or email to HR@uwe.ac.uk) who will action the changes and send a contract change letter.

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4.6

In the case of c. above, the manager will confirm that they are unable to agree the request and will follow up with a written response confirming the right of appeal (See appendix 5b). The written response will confirm which of the statutory reasons for refusal apply (as set out in Appendix 3). The manager should then send the original flexible working request form and letter confirming the outcome of the meeting to HR Staff Services (HR@uwe.ac.uk) for the HR file. This procedure will enable monitoring and review of the use of the procedure as well as outcomes for individuals who request a change.

4.7

5 Appeal procedure 5.1 Where a request was refused, the individual has the right of appeal. The appeal must be submitted in writing, setting out the grounds of the appeal within 14 days of the receipt of the written decision. The appeal should be sent to the manager who made the original decision. They will advise HR of the appeal and discuss the appointment of a senior manager to hear the appeal. Any appeal should relate to: Failure to comply with the statutory procedure Refusal being based on incorrect facts Refusal not being based on one of the nine statutory reasons where the individual is seeking a change due to parental/caring responsibilities.

5.2

5.3

A meeting with the employee to discuss the appeal will be held within 14 days of the receipt of the appeal. The employee has the right to be accompanied by a fellow employee or trades union representative. The accompanying employee will be given time off during working hours to attend meetings which form part of this procedure. The accompanying employee is permitted to address any such meeting, but not respond to questions on the employees behalf. They may also confer with the employee during the meeting. The manager hearing the appeal will consider representations on both sides before reaching a decision. That decision will be final and will be notified in writing to the employee within 14 days if the meeting.

5.4

6 Withdrawal of an application 6.1 The University may treat an application as being withdrawn where the employee has: Notified the withdrawal orally or in writing Failed to attend a meeting under this procedure more than once without reasonable cause Refused to provide information necessary to assess the application without reasonable cause
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6.2

Except where the employee has notified withdrawal in writing, the manager will confirm the withdrawal to the employee in writing and send a copy to HR. All timescales may be amended by written confirmation of mutual agreement by the parties. Any appeal should be heard by a more senior manager within the current faculty/service, or where this is not possible, from another faculty/service where the manager would be familiar with the operation of that department.

6.3

6.4

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Appendix 1 Flexible working request procedure flow chart

Manager receives an application for flexible working from staff member.

Within

28 days

Manager and employee meet to discuss the application

Within

14 days Request accepted

Employee to consider any arrangements needed for the change Manager to consider impact of the changes on team structure/planning. To send paperwork to HR to ensure that changes are made and contract letter sent. Manager sends copy of form and decision to HR for file and monitoring (after 14 days)

Manager writes to notify the employee of the decision.

Request

refused

Employee is given right of appeal and considers whether they wish to appeal. Appeal must be in writing setting out the grounds for appeal.

Appeal received

Within

14 days
Manager notifies HR of the requirement for a meeting and confirms the assigned manager to hear the appeal.

Manager receives the employees written appeal.

Within

14 days Request accepted

Employee to consider any arrangements needed for the change Manager to consider impact of the changes on team structure/planning. To send paperwork to HR to ensure that changes are made and contract letter sent.

Request Senior manager hears the appeal

from the manager and employee (and representative/colleague)

Within

14 days

Senior manager writes notifying the employee of the decision.

Request

rejected

Only in certain situations could any further action be taken via arbitration or Employment Tribunal. Human Resources August 2012 5

Appendix 2 Legal definitions of caring responsibilities

Parental responsibilities must be in relation to a child who is 16 years of age or under, or a disabled child in receipt of Disability Living Allowance who is under 18 years of age, as at 14 days before the request is made. Someone is deemed to have parental responsibilities if they are either: Mother, father, adopter, guardian or foster parent of the child, or Married to the mother, father, adopter, guardian or foster parent of the child, or the partner (irrespective of sex1), of the childs mother, father, adopter, guardian, or foster parent who lives with them both in an enduring family relationship.

Carer responsibilities must be in relation to a qualifying adult, defined as someone who is aged 18 and above who is either: Married or is the partner (irrespective of sex2) or civil partner of the employee A relative of the employee Falls into neither of the above categories but lives at the same address of the employee.

The definition of a relative is very wide and includes parents, parents-in-law, an adult child, adopted adult child, siblings, (including those who are in-laws), uncles, aunts, grandparents, and step relatives. Half blood relatives are included, as are adoptive relationships and relationships which could have existed but for an adoption, (i.e. an employees natural relatives). The adult concerned must, of course, be in need of care for the employee to be able to make a request for flexible working. Examples of care giving activities falling within the remit of this policy include: Help with personal care (e.g. dressing, bathing, toileting ) Help with mobility (e.g. walking, getting in and out of bed) Escorting to appointments (e.g. GP, hospital) Practical household tasks (e.g. preparing meals, doing shopping, cleaning)

Partner refers to a person you are in a relationship with, who is of the same sex, of the opposite sex, or is trans 2 Partner refers to a person you are in a relationship with, who is of the same sex, of the opposite sex, or is trans
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Appendix 3 Statutory grounds for refusing a request for flexible working

The refusal of a request made by an individual who meets the criteria for parental or caring responsibilities must relate to at least one of the nine statutory reasons as follows:

1) the burden of additional costs. 2) detrimental effect on ability to meet customer demand 3) inability to reorganise work amongst existing staff 4) inability to recruit additional staff 5) detrimental impact on quality 6) detrimental impact on performance 7) insufficiency of work during the periods that the employee proposes to work 8) planned structural changes 9) such other grounds as may be specified by regulations

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Appendix 4 Flexible working request application form Name: Do you have more than 26 weeks continuous service with UWE? YES/NO Faculty / Service Have you made any previous flexible working applications? Yes/No If yes, please indicate when?

Details of application Effective date of change to working arrangements if agreed? Please give precise details of the nature of the flexibility in your working arrangements being sought. Please include hours, times and location changes as appropriate.

Date :

Please provide details of any effect you believe your change request will have on the department as well as any suggestions that you may have for dealing with them.

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Flexible working request application form continued

(Please tick one box below and then complete one section; either 1,2, or 3 only)

1. I have parental responsibilities Details of parental responsibilities Name & date of birth of child Is the child disabled? Your relationship to the child?
I hereby certify that I am seeking flexible working as a result of having or expecting to have responsibility for the upbringing of a child 16 years of age or under, or a disabled child under 18 years of age, and that I am either the mother, father, adopter, guardian or foster parent of the child or that I am married to or the partner of the childs mother, father, adopter, guardian or foster parent.

YES/NO

Signed..

Date..

2. I have caring responsibilities Details of caring responsibilities Is the qualifying adult a relative of yours? If not, does the qualifying adult live with you? Please confirm/describe your relationship to the adult?
I hereby certify that I am seeking flexible working as a result of having or expecting to have caring responsibilities for a qualifying adult who is aged 18 and above, and that I am either related to, married to or the partner or the civil partner, or live at the same address to the qualifying adult.

YES/NO YES/NO

Signed..

Date..

3. I do not have any responsibilities which provide any legal right to request flexible working. Signed.. Date..

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Appendix 5a Name Address

DATE

Dear (NAME) Flexible working request I am writing to invite you to a meeting to discuss your flexible working request which I received on (date). In accordance with the policy and procedure, we should meet within 28 days in order to consider your request and I therefore propose/confirm the following date and time: DATE: TIME: VENUE:

The purpose of this meeting will be to discuss your request and review whether that request can be accommodated operationally. Should you wish to be accompanied by either a work colleague or a trades union representative please let me know in advance. (If you are unable to make this meeting for any reason, do let me know and we can arrange a more suitable date). Yours sincerely

(NAME) (JOB TITLE) (FACULTY/SERVICE) (CONTACT DETAILS) CC Human Resources

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Appendix 5b Name Address

DATE

Dear (NAME) Flexible working request I write to confirm the outcome of our meeting, held on (date). The meeting was held in order to consider your flexible working request. You have already been advised that, following full consideration of your request, in the context of the current working environment and having considered any alternatives to your original request; regrettably, we were unable to reach a suitable outcome and in accordance with the policy, I confirm that the reason for refusal of the request is: (insert one of the nine statutory reasons). I therefore write to advise you of your right of appeal against this decision. Should you wish to appeal, you should write to me setting out the grounds for your appeal within 14 days of the written receipt of this letter. Any appeal will be heard by an independent manager and will be held within 14 days of receipt of the written appeal. You may be accompanied by a work colleague or trades union representative at the meeting.

Yours sincerely

(NAME) (JOB TITLE) (FACULTY/SERVICE) CC Human Resources

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Appendix 6 Flexible working request outcome form

Name of manager: Name of employee: Date of meeting:

I confirm that as a result of your request for flexible working, I am able to

a) Agree to the change as requested

b) Agree to an amended change which both parties are happy to adhere to

Signed (Manager) Signed (employee)

The new pattern of working will be: hours)

(please include details of all days and

The effective date of the change will be:

Please email a copy of this form to HR@uwe.ac.uk or post to HR staff services.

Please note any salary amendment will be made at the earliest opportunity but may be after the date of the change. Any increase or reduction in pay will therefore be reconciled at the first available pay date following the change. Any increase in hours should be accompanied by the business case which confirms financial approval of such change.

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