HOME/TELEWORKING POLICY. Ref: LEW/HR/005

Transcription

1 HOME/TELEWORKING POLICY Ref: LEW/HR/005 LEW/HR/ Date agreed: October 2003

2 Name of Policy: Reference Number: RRA - Impact Assessed: Home/Teleworking Policy LEW/005 Yes Date created: August 2003 Date agreed by JSPC: 10 September 2003 Date agreed by Board: October 2003 Policy review date: October 2009 LEW/HR/ Date agreed: October 2003

3 CONTENTS Page Executive Summary 4 Introduction 5 Background 5 What is Home/Teleworking? 5 Appointing to Home/Teleworking 5 The Successful Appointment 6 Special Arrangements 6 Equipment and Facilities 6 Property and Personal Insurance 6 Health and Safety 7 Planning Permission and Business Rates 7 Tax and National Insurance 7 Employment Rights 7 Confidentiality of Information 7 Appendix 1: Statement of Additional Particulars - Home/Teleworking Appendix 2: Application for Consideration - An Expression of Interest Appendix 3: Guidelines on Criteria to be considered when assessing an application for Home Tele/working Appendix 4: Model Inventory of Equipment 13 Appendix 5: Model Home/Teleworking Weekly Time Schedule 14 Appendix 6: Home/Teleworking Risk Assessment Checklist Appendix 7: Appeal Process Appendix 8: Form A Appeal 19 Appendix 9: Form B Appeal Decision Appendix 10 Implementation Process 22 LEW/HR/ Date agreed: October 2003

4 EXECUTIVE SUMMARY Purpose Policy ensures a consistent and fair process for dealing with requests for homeworking - i.e. where home/teleworking is to occur on a regular controlled basis. Equally all posts offered on this basis are covered under the same procedures. Home/Teleworking applies where: Work is done at the employee's home, or with the home being the main or sole base. Work w is based partly at home and partly in the office. Work is done from home with regular travel to sites as a feature of the job. Key Points The policy covers the following: An employee can formally request to be considered for Home/Teleworking by completing Appendix 2 - Application for Consideration. The Manager must meet with the employee within 28 days to consider the application for Home/Teleworking. If the manager agrees 'in principle' to the request then the employee should undertake a 'Risk Assessment Checklist' (Appendix 6) in liaison with the Health & Safety Team as appropriate. This should be submitted to the manager. The manager should confirm their decision to the employee's request based on the 'Risk Assessment Checklist'. If the request is approved then the employee will be issued with a 'Statement of Additional Particulars' (Appendix 1) and a completed 'Inventory of Equipment' (Appendix 4). All equipment supplied by the Trust is covered by the Trust's general policy for damage or theft. Employees should check that their personal property and contents insurance does not invalidate the Trust's cover. The Home/Teleworking arrangement is subject to review at least every six months. The employee is required to attend review meeting when required by their manager. Home/Teleworkers have the same employment rights as other employees and should abide by the Trust's policies and procedures. LEW/HR/ Date agreed: October 2003

5 1. INTRODUCTION This policy is applicable to all permanent employees of Lewisham Primary Care Trust (The Trust). This policy only applies to contracted home working, i.e. where home/teleworking is to occur on a regular controlled basis. It does not apply to occasional/temporary home working i.e. instances where an employee works from home on ad hoc occasions. Occasional home working is referred to in the Flexibility at Work Guide. 2. BACKGROUND In order to offer flexible working arrangements to staff and in some cases future employees, home/teleworking is available for certain jobs. Staff already in post may express an interest in carrying out the duties of their post on a home/teleworking basis by completing the Application for Consideration (see Appendix 2). Alternatively managers may decide to advertise a post as suitable for home/teleworking. Appendix 10 outlines the implementation process for managing a request for Home/Teleworking. Appendix 7 outlines the Appeal Process if required. 3. WHAT IS HOME/TELEWORKING? Home/teleworking falls into 3 broad categories: Work which is done at the employee's home, or with the home being the main or sole base. Work which is based partly at home and partly in the office. Work which is done from home with regular travel to sites as a feature of the job. The teleworking definition relates specifically to working at home when the employee requires the use of a computer link in order to carry out the full duties of the post. 4. APPOINTING TO HOME/TELEWORKING On receipt of a completed Application for Consideration (see Appendix 2) from either an existing member of staff or a new applicant, the manager must arrange to meet the individual within 28 days to consider the application. The manager should consider the request in reference to the guidelines (Appendix 3). The manager is responsible for ensuring an objective assessment is made of the job, the home and the personal competencies of the prospective home/teleworker to determine whether or not home/teleworking would be an appropriate method of working in the circumstances. The employee should undertake a 'Risk Assessment' in liaison with the Health & Safety team as appropriate ( Appendix 6). LEW/HR/ Date agreed: October 2003

6 If, after full and careful consideration of all the relevant facts and information, it is not considered appropriate to agree to home/teleworking, the manager must provide comprehensive written feedback on how the decision was reached and on what basis the application is rejected within 14 days of the meeting. The employee can submit an Appeal, in line with the process outlined in Appendix 7, within 7 days of receiving the decision using the Appeal Form A (Appendix 8) This must be made to the relevant Director or Service Manager setting out the grounds for their appeal. The Appeal should be heard within 14 days. If this is not possible then the employee should be contacted accordingly and agreement for an extension made. The Appeal decision should be communicated to the employee within 14 days of the Appeal hearing using Form B (Appendix 9). The appeal decision by the relevant Director or Service Manager is final. 5. THE SUCCESSFUL APPOINTMENT If it is considered appropriate for the duties of a post to be carried out under the home/teleworking scheme, the employee will be issued with a Statement of Additional Particulars (see Appendix 1) to accompany the contract of employment. The home/teleworker must sign the Statement of Additional particulars which will have attached an inventory of the equipment belonging to the organisation that is based in the home/teleworkers home (see Appendix 4). The home/teleworker is required to complete a weekly time schedule to keep their manager informed of their actions (see Appendix 5). The home/teleworking arrangement is subject to review at least every six months. The home/teleworker is required to be available to attend review meetings when required by their manager. 6. SPECIAL ARRANGEMENTS If home/teleworking is put in place a number of specific issues have to be considered and these are addressed in the following paragraphs. 7. EQUIPMENT AND FACILITIES The PCT will provide any equipment which is considered necessary for the home/teleworker to effectively carry out their duties from home. This should include a secure, lockable filing cabinet to hold confidential information if necessary. The PCT will pay installation and rental costs with any other costs such as telephone calls having to be itemised and submitted as normal expenses. 8. PROPERTY AND PERSONAL INSURANCE 8.1. Equipment Any equipment supplied by the PCT is covered by the Trust s general policy for damage or theft Personal cover In order to ensure personal cover the Trust s insurance agency must be notified LEW/HR/ Date agreed: October 2003

7 of the change to the individual s work location. There are normally no extra premiums imposed for people working at home Home/teleworkers Responsibility The Trust s normal accident reporting procedures apply including the requirements for completion of Incident and Accident Report forms as appropriate. Individuals should check that their personal property and contents insurance does not contain any conditions and clauses that may invalidate the Trust s cover. 9. HEALTH AND SAFETY Home/teleworkers are expected to provide a safe working location and ensure that adequate measures are taken to meet current health and safety regulations. For teleworkers, managers should ensure a workplace risk assessment is completed by the employee (see Appendix 6) which includes an assessment of the suitability of the home base workstation/vdu arrangements. Assistance can then be arranged to help with ensuring that a safe working environment exists by involving the Trust s Health and Safety Advisor. Regular reviews should be applied so that safe working practices are followed and appropriate advice provided. 10. PLANNING PERMISSION AND BUSINESS RATES Whilst it is not necessary to obtain planning permission to carry out employment at home, it is advisable to inform the local authority in whose borough the home/teleworker is located that such work is being carried out. Home teleworkers are not required to pay Business Premises Rates or Council Tax although additional costs from these two categories may be incurred if a home/teleworker provides additional accommodation to enable work to take place e.g. builds an office extension or workshop. 11. TAX AND NATIONAL INSURANCE Home/teleworkers are subjected to the normal tax and national insurance rules. If they are employed directly and receive a salary, the normal rules apply to the employer 12. EMPLOYMENT RIGHTS Home/teleworkers have the same employment rights as other employees on similar contracts, e.g. redundancy payments and other employment protection and benefits. 13. CONFIDENTIALITY OF INFORMATION The Data Protection Act applies to information held at home either on computer or paper files. However, careul consideration should be given to the implications of highly confidential information being taken out of a secure office environment. The computer system should be password protected with up to date virus protection, and depending upon the nature of the work, either a secure lockable cabinet for confidential information, or a secure cupboard into which all equipment can be stored, should be provided. Provision should also be made for data back-up to be carried out. It is recommended that the ICT Department should be contacted in the event of any uncertainty. LEW/HR/ Date agreed: October 2003

8 Appendix 1 Statement of Additional Particulars Home/Teleworking 1. Date: Name and address of employer:. Name of employer:. Job title: Department: Effective date of home/teleworking: (and every 6 months following) The following conditions set out the details of your home/teleworking contract with Lewisham Primary Care Trust. These conditions are in addition to the standard provisions of your contract of employment. 2. Hours of Work Your weekly hours will be. per week. These will be worked in a pattern to be agreed by your line manager, but will generally coincide with normal office hours in order to facilitate contact between you and your colleagues and the following constraints: a) Hours of work will be accounted for on a monthly basis and will assume an average week of.. hours. b) You will be required to submit a weekly schedule to your manager, showing your programme for the coming week and hours of work. c) You are required to work a minimum of. Hours in each four week period i.e. 4 x., on a flexible hours basis. Providing you complete weekly time schedules and agree your proposed hours in advance wit your manager, flexibility may be exercised in when you actually work the hours. d) You must obtain agreement from your line manager in advance for any extra hours you consider it necessary to work. Subject to such an agreement additional hours will be credited to you as time off in lieu LEW/HR/ Date agreed: October 2003

9 3. Hours Spent in the Office Your normal place of work is, although you will be permitted to work from home on an agreed basis. The division of work between the office and your home is for you and your manager to decide. It will depend on the nature of the work to be done and your own commitments. You will be required to attend the office for meetings and to discuss tasks and agree your work programme. A work space will be available for you in the office. If for any reason you are required to make more than one visit per day to the office, your subsequent visits will qualify for travelling allowance in accordance with your car user Classification in accordance with your normal terms and conditions. You will be required to attend Personal Development Plan (PDP) and appraisal interviews in the office. 4. Provision of Equipment Some equipment will be provided to assist you in carrying out your duties from home. An inventory of the equipment currently provided is attached as an appendix statement, and by signing it you are acknowledging possession of this equipment, which remains at all times the property of the organisation. The equipment is insured by the Trust and is provided solely for your use in carrying out the duties of your post. It should not be used by people other than yourself or for other business. 5. Equipment Installation Any specialist equipment such as, computers must be professionally installed by ICT installation staff and you must allow access for the installation to take place and for inspection. 6. Security of Information You are responsible for ensuring the normal confidentiality of work information at your home address including papers, files, etc that you are keeping and should take reasonable measures to ensure their security. 7. Health and Safety You are expected to provide a safe working location and ensure that adequate measures are taken to meet current Health and Safety regulations. You manager can arrange assistance with this from the Trust s Health and Safety Advisor. 8. Return of the Trust s Property The Trust s property must be returned when you cease carrying out duties from home. Your manager will arrange for these to be collected at a mutually convenient time. LEW/HR/ Date agreed: October 2003

10 9. Review Individual home/teleworking agreements will be reviewed at six monthly intervals. Additional reviews may be carried out if the need arises. 10. Termination of Home/Teleworking Agreement The period of notice required to terminate or amend the home/teleworking agreement is one month written notice on either side. It will provide management with sufficient time to make appropriate arrangements for you to return to office based working should this be necessary. This is separate from the period of notice, which is required to terminate your employment. Periods of notice for this purpose are as set out in your main terms and conditions of employment. ACCEPTANCE In addition to the terms and conditions of employment specified in my contract of employment, I accept the conditions set out above in relation to my home/teleworking agreement with Lewisham Primary Care Trust I agree to notify Lewisham Primary Care Trust of any change of address in advance of any move. Name: Signature: Address: Date: Copy to be retained on the Personal File. LEW/HR/ Date agreed: October 2003

11 Appendix 2 APPLICATION FOR CONSIDERATION HOME/TELEWORKING - AN EXPRESSION OF INTEREST After completion of both these forms and your accompanying supporting letter should be: Sent or handed to your line manager, if they are in post. Attached to your application form, if you are a new applicant. I (print name) have read the details provided about home/teleworking and wish to express an interest in carrying out the duties of my duties from my home. I attach a letter in support of my wish to be considered for home/teleworking. It addresses some of the issues raised in the guidance note and explains why I believe the post would be suitable for this style of working. (This expression of interest does not commit you to carrying out the duties of the post on home/teleworking basis. You will be given ample opportunity to discuss all the implications of this mode of working before a final decision is made. Your Directorate Director or Service Manager will make the final decision at to whether or not you and your post are suitable for home/teleworking. Signed: Date: Name: (print name) LEW/HR/ Date agreed: October 2003

12 Appendix 3 GUIDELINES ON CRITERIA TO BE CONSIDERED WHEN ASSESSING AN APPLICATION FOR HOME TELE/WORKING The manager is responsible for objectively assessing the job, and the personal competencies of the prospective home/teleworker to determine whether home/teleworking would be an appropriate method of working in the circumstances. Each case should be taken on its merits, however, the following guidelines detail the criteria that should be considered when assessing an application. This list is not intended to be exhaustive. 1. CONTACTS Level of need to be available for face to face contact with clients/colleagues. Level of need to be available to management/support colleagues, (e.g. line management responsibilities, coaching/training). Level of support needed by the team below the applicant. 2. PRACTICALITIES Feasibility of fitting necessary communication links (e.g. phone lines/computers etc.). Suitability of home environment quiet surroundings, enough space, likely distractions and, in particular, Health and Safety implications (see Appendix 6). 3. EMPLOYEE SUITABILITY Level of competence in role would they need regular support/encouragement? Training needs (e.g. ICT skills, time management skills etc.). Psychological needs is the individual likely to be happy working alone? Previous work record is the person likely to work well without supervision? Health does the individual have a condition/disability for which a home/teleworking environment would be appropriate, or would such an environment be of benefit to them? It is important that before a decision is made the manager has made a full and careful consideration of all the relevant facts and information, as s/he must be prepared to provide comprehensive feedback in writing should the application be rejected. It is recommended that wherever possible provision should be made to review this decision to allow for future changes in circumstances. LEW/HR/ Date agreed: October 2003

13 Appendix 4 MODEL INVENTORY OF EQUIPMENT The items listed below have been provided by the PCT to facilitate you working at home. You are required to take reasonable steps to ensure that they are kept safe and secure in your home. The equipment is insured by the PCT, and is provided solely for your use and should not be used by people other than yourself or for other business. (All items of equipment should be listed together with their serial numbers or any other distinguishing details. Should additional equipment be provided at a later date it should be added to the list). Please note that use of a laptop is not allowed. SERIAL No. ITEM DETAILS The above equipment remains the property of the PCT and must be returned within four weeks of you ceasing to work from home. ACCEPTANCE I acknowledge receipt of the items listed above and will ensure their safe keeping until such time as they are returned to thetrust. Name: Signed: Date: Copy to be retained on the Personal File. LEW/HR/ Date agreed: October 2003

14 Appendix 5 MODEL HOME/TELEWORKING WEEKLY TIME SCHEDULE My proposed schedule for the forth-coming week is outlined below: WEEK COMMENCING: PROPOSED PROGRAMME OF WORK Sunday Monday Tuesday Wednesday Thursday Friday Saturday I propose working a total of hours. I propose to working additional hours. I have authority to work additional hours. Details of the nature of work carried out in the additional hours are: I will be in the office the following days: I will not attend the office. (Delete as appropriate) Signed: (Home/teleworker) Date: Signed: (Line manager) Date: LEW/HR/ Date agreed: October 2003

15 CHECKLIST BEING RECONFIRMED WITH THE HEALTH & SAFETY TEAM AT THE PCT Appendix 6 HOME/TELEWORKING RISK ASSESSMENT CHECKLIST This form should be completed when conducting an assessment of the individual s proposed workplace. It is recommended that future Risk Assessments should be carried out at regular intervals as mutually agreed between the individual and their line manager. Please note: The Organisation is only responsible for the equipment it supplies. Electrical sockets and other parts of the homeworkers domestic electrical system are their own responsibility. DATE OF AUDIT/ASSESSMENT: ADDRESS ASSESSED (i.e. home address): NAME OF STAFF: HOME/TELEWORKING START DATE: DEPARTMENT: LOCATION: LINE MANAGER: DEPARTMENT: LOCATION: ENVIRONMENT Y/N ACTION REQUIRED BY WHOM BY WHEN Does the workstation allow sufficient space for the user to change position and vary movements? Is lighting satisfactory taking into account the type of work and the user s vision requirements. Is workstation positioned to prevent glare from sources of light e.g. windows? EQUIPMENT Has electrical equipment been tested? If yes, give date. Are there enough electrical sockets and are plugs correctly sighted and maintained is the outer covering of the cable/wire grouped where it enters the plug/equipment? LEW/HR/ Date agreed: October 2003

16 Y/N ACTION REQUIRED BY WHOM BY WHEN Are there any trailing wires? Is there any damage to outer covering? Is VDU screen able to swivel and tilt easily and freely? Is the screen clear and readable, and without flicker? Are screen and keyboard free from glare and reflections liable to cause discomfort? Is the screen and computer clean, is it free from dust and dirt? Is keyboard tilt-able and separate from the screen to allow for a comfortable working position? Is there space in front of the keyboard sufficient to provide support for the hands and arms of the individual? Does work desk have sufficient space to allow flexible arrangement of the screen, keyboard, documents and related equipment? Is a document holder required? Is chair stable and does it allow the operator easy freedom of movement and a comfortable position? Is chair adjustable in height, and is seat back adjustable in both height and tilt? Is there enough space under the desk to allow free movement? Is a footrest required? OPERATOR/COMPUTER INTERFACE Is software suitable for the task? Does the individual require training in the use of the software? Signed: (Line manager) Date: Signed: (Applicant) Date: LEW/HR/ Date agreed: October 2003

17 Appendix 7 APPEALS PROCESS Lodging an Appeal Appeals must be lodged in writing to the relevant Director or Service Manager within 7 working days of receiving the formal response from the original manager. It is the responsibility of the employee to ensure that the appeal has been lodged and received within the time period specified. Where the employee considers there is a conflict of interest, they should speak to the Human Resources Department. The employee must complete Form C (Appendix 3). No additional grounds for appeal can be submitted either during further exchange of documents or in advance of the hearing or on the day of the hearing itself.. The original manager responsible for the decision will submit Form B. The form will provide sufficient background information to enable the Director/Service Manager hearing the appeal to understand the reason for the decision and appreciate the circumstances of the case. These statements together with copies of any relevant correspondence will be sent to all parties to the appeal at least 5 clear working days before the hearing. Procedure at the Hearing A Human Resources representative as secretary will accompany the Chair to the appeal to advise on procedural matters and take a record of the proceedings. The employee has the right to be accompanied by a Trade Union/Professional Association representative or friend. If the employee chooses to be represented by a solicitor or barrister, it will be made clear that this is in an unofficial capacity (i.e. they will not be able to give legal advice and or present in a legal capacity). The Trust will not reimburse any costs incurred by the employee's representative. It will remain the responsibility of the employee to arrange representation for the dates given. The Chair has the right to rule on the admissibility of any questions asked or evidence presented at the hearing. They also have the discretion to seek clarification or amplification of evidence and to adjourn the hearing for any reason, such as to allow further evidence to be produced or to clarify procedural matters, at any stage in the proceedings. Failure of the employee to attend the hearing without adequate reasons will result in the appeal being taken to be withdrawn. LEW/HR/ Date agreed: October 2003

18 The procedure at the appeal hearing will be as follows: Introductions by Chair Employee will present evidence to support their case that the procedure was carried out unfairly or will give details of any new evidence to be considered. The manager will have the opportunity to ask questions of the employee/representative. The Chair will have the opportunity to ask questions of the employee/representative. The manager will present their case in support of the action taken, in response to the employee's grounds for appeal. The employee and the Chair will have an opportunity to ask questions of the manager The Chair will invite the manager and the employee/representative to sum up their evidence in turn. The employee will have the right to sum up last. In summing up neither party may introduce any new matter. After the summing up, both sides will withdraw to allow the Chair to deliberate in private. The secretary will remain with the Chair to provide procedural and technical advice. The Chair will consider the stated grounds for appeal and decide whether approve or decline the change in working conditions. If necessary, the Chair may recall both parties to clarify points of uncertainty. The decision will normally be given to all parties verbally on the day of the hearing, provided time constraints allow. The outcome of the appeal will be fully communicated in writing on the Flexibility at Work Appeal Managers Feedback Form (Form D Appendix 4) to the employee within 14 working days of the hearing. The appeal decision is final. Where the employee is unhappy with the decision of the Appeal manager, they can invoke the grievance procedure through the Trusts Grievance Policy. LEW/HR/ Date agreed: October 2003

19 Appendix 8 FORM A HOME/TELEWORKING APPEAL FORM TO BE COMPLETED BY EMPLOYEE Request for appeal must be received 7 days from receiving formal response from your manager This is a formal appeal made under the Home/Teleworking policy where your application has been refused.. APPEAL If you are unhappy with the response given by your manager, please use the space below to explain how the original decision was unfair or did not follow procedure (for instance, it was outside of the 14 day time scale). Once completed, this should then be returned to the next level of manager. The appeal enables either the Director or Service Manager to review the decision and ensure it was taken fairly. Failure to attend the appeal hearing without adequate reason will result in the appeal being taken to be withdrawn. I understand that if I provide inaccurate or false information about my appeal that this may lead to disciplinary action being taken against me. Employee Name: Employee's Signature: Date of Appeal Lodged :... Please note - You have the right to be accompanied by a representative in all formal meetings. It is your responsibility to arrange representation for the dates given. cc: Human Resources LEW/HR/ Date agreed: October 2003

20 Appendix 4 FORM B HOME/TELEWORKING APPEAL MANAGERS FEEDBACK FORM APPEAL MANAGERS SECTION You may complete this form when replying to an appeal that an application to work flexibly has not been properly considered. You must return this form to the member of staff, giving notice of your decision, within 14 days after the meeting at which you both discussed the Appeal. Employee details: Name: Job Title: Base:.. Full/Part Time:... DISCUSSION AT MEETING DIRECTOR/SERVICE MANAGER DECISION Approved/declined: Date of Change: (if applicable) LEW/HR/ Date agreed: October 2003

21 REASONS FOR DECISION Please provide full details for your decision Appeal Manager s Name: Appeal Manager s Signature: Date of Decision:... cc: Employee Human Resources LEW/HR/ Date agreed: October 2003

22 Appendix 10 IMPLEMENTATION PROCESS Home/Teleworking requests how does the process work? Member of staff completes an Consideration for Application form and submits it to their manager Within 28 days Manager and member of staff meet to discuss the application Within 14 days Request is considered If the manager agrees in principle then the employee should undertake a Risk Assessment (Appendix 6) The manager notifies the employee of their decision in writing. Within 7 days Member of staff needs to decide if they wish to appeal against the manager s decision. If so, they must put their appeal in writing to the Director or Service Manager setting out the grounds for their appeal using the Appeal Process (Appendix 7) and Form A (Appendix 8). Within 14 days Director or Service arranges an Appeal Hearing Within 14 days Appeal decision is given to the employee using Form B (Appendix 9) The appeal decision is final. Request is accepted Both the member of staff and managers will need to consider what arrangements they need to make when the working pattern is changed LEW/HR/ Date agreed: October 2003