MAYFIELD SCHOOL. Voluntary Reduced Working Hours Scheme. Author: Torbay Human Resources [2011] Renewed 9 th November 2015

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1 MAYFIELD SCHOOL Policy: Voluntary Reduced Working Hours Scheme Author: Torbay Human Resources [2011] Governors Committee: Leadership Date adopted: 23 rd May 2011 Renewed 9 th November 2015 Next review: Autumn 2019 February

2 VOLUNTARY REDUCED WORKING HOURS SCHEME Human Resources February 2011 This document can be made available in other languages, on tape, in Braille, large print and in other formats. For more information please contact Introduction With the predicted strain on the Council s budget a number of measures have been introduced to ensure that compulsory redundancies are a last resort for the Authority, including a Voluntary Reduced Working Hours Scheme. The Scheme provides a means for employees to request a reduction in their working hours for a defined temporary period of 12 months, returning to their standard hours at the end of the 12 month period. As part of the scheme the Authority has also introduced a Look Back Period. If an employee has reduced their hours under the Voluntary Reduced Working Hours Scheme, and, their post becomes redundant during the 12 month reduced working hour s period, the Council would agree to calculate the individual s redundancy pay based on their standard working hours prior to starting the 12 month period of reduced working hours. The Look Back Period provision is only available for the duration of the 12 month reduced working hours period. It is not available to employees who may have already agreed a reduction in working hours under another policy or scheme offered by the Council. The Council recognises the advantage that a Voluntary Reduced Working Hours Scheme can offer, in allowing the Authority to retain skilled and experienced staff for whom, termination by reason of redundancy might otherwise become necessary. It also allows the Authority to temporarily reduce its staff costs, therefore, easing the strain on the budget. Scope Any Torbay Council employee full or part- time, may submit an application under this scheme, to reduce their hours on a temporary basis. This includes those staff employed within Torbay s Community Schools. Employees wishing to reduce their hours on a permanent basis should use the Council s Flexible Working Requests Guidance, available from the Human Resources intranet page. It is important to note that there is currently no Look Back Period provision within any other February

3 of the Council s schemes or policies other than the Voluntary Reduced Working Time Scheme. Benefit for the employee A temporary reduction in working time, allows an employee to accommodate a specific event in his/her life, with the ability to return to the security of a fulltime position at the end of the 12 month period. Reasons why an employee may wish to work reduced hours for a temporary period could include: Study for a qualification; Time to care for a sick relative; Time off to take care of dependants Undertake charity work The pursuit of a hobby or interest Financially able to do so and would enjoy working reduced hours for a fixed period Benefit for the Council The employee's skills are retained on a reduced basis at a point when they might otherwise have been lost to the Authority completely and regained on a fulltime basis when the 12 month period comes to an end. The scheme provides a mechanism to contribute to the tough efficiency targets that the Council must achieve. What can be requested? A reduction in the number of hours worked each day A reduction in the number of days worked per week as long as this reduces the number of working hours for the week Working part time (this can also refer to two or more people covering one post) Working annualised hours (a total number of hours to be worked per year, but not over a fixed weekly pattern) Term-time only working. Procedure Employees should discuss their request for a voluntary reduction in working hours with their line manager in the first instance, to enable the matter to be fully considered. Where it is agreed in principle, the line manager will recommend the terms and arrangements for approval by the Executive Head/Headteacher (who will make the final decision). A Human Resources Advisor/Manager must also be consulted. February

4 A final decision in respect of granting a reduction in working time will be made within 28 days of the original request. The start date of the reduction in working time will be mutually agreed with consideration being given to the impact on the service. Once finalised, the Executive Head/Headteacher, line manager and employee must complete and sign 3 copies of a Voluntary Reduction in Working Time Agreement before commencement. One copy is retained by the employee, one by the line manager and one on the employee s personnel file (the form should be returned as a hard copy to HR Support or scanned via to HRSupport@torbay.gov.uk). The arrangement that all parties agree to is a commitment made in good faith. Its implementation is subject to the circumstances at that time. Human Resources will be involved in any agreed reduction in working hours and will maintain a copy of each agreement so the scheme may be consistently handled across the Council and effectively monitored and reviewed. Payroll are not able to produce estimations of an employee s tax/ni deductions in regard to a reduction in their salary, although general guidance can be provided. Some external sources of information have been provided at the end of this policy to assist employees further with this. Terms of the Agreement The terms of each reduction in working hours should be properly documented within a Voluntary Reduction in Working Hours Agreement and signed by the employee and Executive Head/Headteacher with copies to the Line Manager, Human Resources and Payroll. The agreement should specify: Start and end date of the career break Post and grade Annual leave entitlement and sickness entitlement Employee s obligations Employer s obligations Procedure for re-entry Notice period for early return A meeting should take place approx 1 month prior to the agreement end date to confirm arrangements for the employees return to their standard working hours. February

5 Employees should inform their Line Manager/Headteacher in writing if they obtain additional employment which may result in the individual not being able to return to their substantive hours a the end of the agreement Following the initial period of reduced working hours, a further period of reduced working time may be agreed. However, the Look Back Period will not be extended past the initial 12 month period of reduced working hours. Making an application Applications should be completed by the employee and given to their line manager/headteacher, stating: The change applied for (e.g. wanting to work part-time, including details of the hours they d prefer to work) and the date they wish it to become effective The effect that they envisage the change they are requesting will have on the Council/their work area and how it might be accommodated A template application letter for employees use is provided on the HR intranet page. Considering an application The Council/School will not, at any time, impose reduced working hours on an employee without consultation and his/her agreement. Equally, this policy does not give any employee the right to work shorter hours on demand. Any change to an employee s hours of work will take place only where there is agreement on both sides. Any reduction will be considered on a business case need. Consideration would also need to be given to managing the employee s workload to ensure that it reduces along with their hours or other measures are taken to guarantee that employees are not expected to carry out the same role but in fewer hours. Each request will be dealt with individually, taking into account the likely effects that the proposed reduction in working hours is likely to have on the Council/School, the work of the department/area of service in which the employee making the request is employed and the employee s colleagues. Therefore, agreeing to one employee s request will not set a precedent or create a right for another employee to be granted a similar change to his/her working pattern. Managers are not automatically obliged to agree to a request for a reduction in working time but are under a duty to consider any valid request in line with a statutory procedure. In order to comply with current employment law, the following process should be followed in dealing with a reduction in working time request:- February

6 Employees who wish to reduce their hours on a permanent basis should use the Council s/school s Flexible Working Requests Guidance and procedure in order to submit a request. Process Flow Chart (Core Council employees) February

7 Employee discusses their application for Voluntary Reduction in Working Hours with their Line Manager Manager agrees with application and makes recommendation for approval to Executive Head. Manager disagrees with application and makes recommendation for refusal to Executive Head. Executive Head Consults with HR If, Executive Head agrees with the application, s/he must write to the employee within 28 days of receipt of their application giving their decision. If, Executive does NOT agree to the proposals, s/he must meet with the employee concerned to discuss the application within 28 days of receiving it. It is advisable that a representative from HR is present at this meeting. The employee can be accompanied to the meeting by a work colleague or trade union representative. The Executive Head must inform the employee in writing of his/her decision within 14 days of the meeting. If the request is accepted, then the Line If the employee s request is refused, the Manager completes and submits a employee must be informed of the reasons for Process Change to Flow Employment Chart (Schools Details form, employees) refusal, explaining why they apply in the which will generate the Voluntary circumstances, and set out the appeal Reduction in Working Hours Agreement. procedure. Employee discusses their application for Voluntary Reduction in Working Hours with Head Teacher Head Teacher agrees with application and Head Teacher disagrees with makes recommendation for Personnel/Resources/First approval to Committee application and with makes HR recommendation Personnel/Resources/First February 2011 Committee for refusal to Personnel/Resources/First. Committee.

8 If, Personnel/Resources/First Committee agrees with the application, s/he must write to the employee within 28 days of receipt of their application giving their decision. If, Personnel/Resources/First Committee does NOT agree to the proposals, s/he must meet with the employee concerned to discuss the application within 28 days of receiving it. It is advisable that a representative from HR is present at this meeting. The employee can be accompanied to the meeting by a work colleague or trade union representative. The Personnel/Resources/First Committee must inform the employee in writing of their decision within 14 days of the meeting. If the request is accepted, then the Head Teacher needs to ensure that a Voluntary Reduction in Working Hours Agreement is completed. If the employee s request is refused, the employee must be informed of the reasons for refusal, explaining why they apply in the circumstances, and set out the appeal procedure. Approval of Request Where agreement is reached to reduce an employee s working time for a defined temporary period (12 months or less), the Council/School will confirm the relevant changes in writing. This written confirmation will state: the new hours to be worked; the period of time during which the reduced working hours will apply (i.e. the start and end date of the agreed variation to the employee s contract); and The consequent changes to other terms of the employee s employment (in particular, any reduction in working hours will lead to a proportionate reduction in the employee s pay, holiday entitlement and sick pay entitlement). At the end of the agreed period of reduced working hours, the employee will return to his/her previous working hours and pattern. A template agreement letter for managers use is provided on the HR intranet page. February

9 Early Termination of the Voluntary Reduction in Working Hours Agreement Early termination of the Voluntary Reduction in Working Hours Agreement by either party could only occur following discussion and by mutual agreement. On what grounds can a request be refused? The only grounds for refusal are business reasons : The burden of additional costs Detrimental effect on ability to meet customer demand Inability to reorganise work amongst existing staff Detrimental impact on quality or performance Planned structural changes If a request is refused, the employee will be provided with an explanation as to why the particular reason (from the list above) applies in their particular circumstances. A template refusal letter for managers use is provided on the HR intranet page. The right of appeal An employee has 14 days after the date s/he was notified of the refusal to appeal in writing, setting out the grounds of appeal. Any appeal should normally be heard by an Executive Head not involved in the initial application within 14 days of receiving the employee s letter. For appeals within Schools, this should be heard by the Second Committee within 14 days of receiving the employee s letter. An employee may be represented by a work colleague or trade union representative. The employee must be notified of the decision within 14 days of any appeal hearing. If the request is again refused, then the reasons for refusal must be set out in writing, explaining why they apply in these particular circumstances. If the request is accepted following the appeal hearing, the employee will be notified of the change to their working pattern in writing and when it will start (as set out previously). In exceptional circumstances, it may not be possible for hearings to be arranged or responses to be given in line with the time limits set out above (e.g. the line manager is absent). In such cases, the employee should be informed and any hearing arranged at the earliest possible mutually convenient date. February

10 Where do I go for further advice? Human Resources can assist in helping to consider any request that might be made and responding to such requests. A Voluntary Reduction in Working Hours application form and standard response letters are available from the Council s Human Resources intranet site. Further Information The following external websites can provide assistance to employees in estimating standard salary deductions in order to get a net figure of their reduced pay:- Policy Feedback Should you have any comments regarding this policy, please address them to the HR Policy Feedback mailbox HRpolicy@torbay.gov.uk History of Policy Changes This policy was agreed in February 2011 by the Torbay Joint Consultative Committee/Schools Joint Consultative Committee. Date Page Details of Change Agreed by: Policy review date February 2014, unless operational/legislation changes require it before this date. February