The Right to Request Flexible Working

Transcription

1 The Right to Request Flexible Working Reviewed and updated June 2017 Next Review date: June

2 Contents Introduction 2 Who is eligible to apply 2 What can be requested 3 Making the application 3 What will happen with the application 3/4 Appeal Procedure 4/5 Time Limits 5 Grounds for Refusing a request 5 Right to be accompanied 5 Withdrawal of a request 6 Related Policies 6 1 Introduction The Employment Rights Act and associated regulations made under it provide all employees with the statutory right to ask for a change to their contractual terms and conditions of employment to work flexibly provided they have worked for SARH for 26 weeks continuously at the date the application is made. 2 Who is eligible to apply? All employees with 26 weeks continuous service at the date of application have the statutory right to request flexible working. However in addition SARH will be prepared to consider requests from other employees (who do not meet the statutory criteria) as part of its commitment to promoting flexible working and work life balance on a case by case basis. An employee can only make one statutory request in any 12 month period. All other employees who do not meet the statutory criteria at the date of application are also limited to one request in a 12 month period as well. Only continuous service with SARH (including all service transferred at the time of transfer) will count for continuous service purposes and not previous continuous service with other local government bodies or employers. 2

3 3 What can be requested? Employees can request 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 at home or a place of business of the employer. (With regard to working from home then any agreement will be conditional on implementing associated work monitoring procedures). Consideration of Job Share Term time working The above list is not exhaustive. 4 Making the Application All requests for flexible working must be submitted by completing the form request to change contractual arrangements this is available from the Organisational Development Team. To enable full and proper consideration to be given to the request all employees must set out the justification by specifying the following: The date of the application, the change to the working conditions that they are seeking and when they would like the change to come into effect. What effect the employee thinks the change will have on the work situation, impact upon the team and how in their opinion and such effect might be dealt with. Confirmation where applicable that this is a statutory request and if they have made a previous application. Applications should be forwarded to the relevant Head of Service for consideration. The date of application will be classed as the day on which it is received by the Head of Service. 5. What will happen to the Application? All requests for flexible working will, as a matter of policy, be discussed with the employee to enable a full and open assessment of the request to be considered. This will allow the Head of Service / Line Manager to fully assess the business case. Following this assessment the Head of Service will notify the employee in writing of their decision to either: 3

4 Accept the request and establish a start date and any other action or: Confirm a compromise agreed at any discussion such as a temporary agreement (a trial period ) to work flexibly or Reject the request and set out in writing the clear business reasons and specify the grounds for refusal as set out in paragraph 8 of this policy and the rights of appeal. There may be situations where more than one request for flexible working is received from the employees within the same team closely together. Requests will be considered in the order that they are received. However where more than one request is received from employees within the same section or team then this will if necessary facilitate an open discussion with the staff concerned to see is there is any room for adjustment or compromise before reaching a decision. SARH will in all cases consider each case on its merits and not in the case of more than one request make a value judgement on the most deserving cases 6 Appeal Procedures The employee has 14 days after the date they were notified of the decision to appeal in writing to the Human Resources team setting out the grounds of appeal. The appeal panel will be conducted by a more senior manager (Director, and Head of HR/Senior HR) than the manager that conducted the Hearing and who has not previously been involved in the case. If the appeal panel agrees to the request the employee will be notified in writing of the variation agreed to and the date it is to commence within 14 days of receiving the employee s notice of appeal. If the appeal panel does not initially agree to the request arrangements to hold an appeal meeting will be made within 14 days of receiving the employee s notice. The meeting will be arranged at a time and place convenient to both parties. If the request is refused the appeal panel will within 14 days of the date of the meeting set out the grounds for the refusal, explaining why they apply. The communication will be dated. The employee has the right to submit a further application after 12 months has elapsed. 4

5 7 Time Limits There may be valid reasons why the above time limits are too short and extensions may be considered. A written record of the agreement must be made which states the period the extension relates to and the date the extension will end. This record must be dated and sent to the employee. Time limits will be automatically extended where the person who would ordinarily consider the application is absent because of annual leave or sick leave when the application is made. The 28 day period begins when that employee returns to work or 28 days after the application is made, whichever is the sooner. 8 Grounds for Refusing a Request The only grounds for refusing the request The burden of additional costs Detrimental effect on ability to meet customer demand 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 periods the employee proposes to work Planned structural changes 9. Right to be accompanied An employee has the right to be accompanied at meetings and at the appeal by a Trade union representative or workplace colleague. The companion has the right to address the meeting and confer with the employee during the meeting, but is not permitted to answer questions on the employee s behalf. If an employee s chosen companion is unavailable at the time proposed for a meeting then management should postpone the meeting to a time proposed by the employee, provided this is convenient to the manager and within 7 days beginning the day after the day initially proposed by the employer. A colleague and/or trade union representative is entitled to time off during working hours for the purpose of accompanying an employee. 5

6 10 Withdrawal of an application If an employee verbally withdraws their application, then the manager should confirm this in writing. If the employee writes to withdraw their application, then there is no requirement for the manager to confirm the withdrawal in writing. Where the employee fails to meet their responsibilities management may also treat an application as withdrawn, i.e. employee failing to attend a meeting arranged without reasonable cause on more than one occasion or refusal without reasonable cause to provide managers with the information which is required to enable an assessment as to whether a contract variation can be agreed to. In these circumstances, managers should write to the employee to confirm that the application has been withdrawn. 11 Related Policies Maternity Leave Paternity Leave Adoption Leave Time off Work 6