PROTOCOL Flexible Working. Number: C 1401 Date Published: 22 October 2014

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1 1.0 Summary of Changes This protocol has had section Flexi-Time removed as requested by UNISON and agreed by HR. 2.0 What this Protocol is about Essex Police recognises the UK workforce is becoming increasingly diverse and that traditional methods of working are no longer always appropriate either for its most valuable asset, its employees or to meet the business needs. It also recognises the importance of helping its employee s balance their work and home life whilst ensuring that staffing levels must at all times remain in line with the operational demands of the business. This protocol explains the process to be undertaken when an employee invokes their right to request flexible working. Women returning to work from maternity leave wishing to request a variation in working hours are also advised to read C 0403 Protocol - Maternity Provision Police Staff. Essex Police welcomes applications for flexible working from ALL staff, not only those exercising their legal right to apply. It must however, be acknowledged that staff wishing to apply for Flexible Working that are not exercising their legal right, are therefore not subject to the employment legislation, but we would still consider their request. All requests must meet the business requirements of Essex Police before they will be considered acceptable (see C 1400 Policy - Flexible Working) and any reduction in working hours would need to take into account the practicality of engaging an additional member of staff to perform the remaining hours. Some of the overriding business needs are set out at paragraph 3.6 below. Essex Police reserves the right for any meetings/hearings to be recorded electronically for the purpose of having a record of the matters discussed. A copy of the recording can be made available on CD if so requested. On an exceptional basis, a transcript of a passage or short portion that was identified as problematic can be made available. Compliance with this protocol and any governing policy is mandatory. Page 1 of 7

2 3.0 Detail the Protocol 3.1 Right to Apply for Flexible Working This protocol is in accordance with current employment legislation, and in particular Flexible Working Regulations, which provides a statutory right for employees who have completed 26 weeks continuous service to request a flexible working pattern. It should be noted that all police staff and police officers are protected under discrimination law and everyone has the right to make a legal challenge against a refusal of a flexible working application where discrimination exists. Discrimination is not always obvious and indirect discrimination may occur unwittingly, for example to refuse a request for flexible working purely because there are too many officers or staff working part time already could constitute unlawful discrimination. Direct discrimination could be perceived if applications from men are treated less favourably than those from women in the same circumstances; applications from carers of disabled dependants could result in claims of associative discrimination if they are not fully considered. It is essential, therefore, to consider each individual flexible working application on its own merits and assess each one against the policing requirements of the team or Department/LPA and ultimately the Force. Further advice on this subject if required should be sought from your HR Advisor/Partner. Those exercising their right to apply to work flexibly under the employment legislation may do so once every 12 months only. There is no such restriction on police officers. Police officers requests for flexible working are governed by Police Regulations and Determinations The procedure is much less restrictive than that which applies to employees. There is no limit on the number of times a year a police officer can request alternative working arrangements, although a common sense approach needs to be taken if an officer submits multiple requests within an unreasonable time frame. Most importantly, the Force is not restricted to considering the officer s request to alter their working hours in their current role, but can also consider it in the light of the wider policing needs across the Force. The procedure is also written with due regard given to: Part-time Workers Regulations (2000); Working Time Regulations (1998) and amendment (2007); Health and Safety at Work Act (1974); Equality Act (2010). Page 2 of 7

3 3.2 Procedure for Considering Requests made for Flexible Working Officers or staff members seeking to apply for flexible working must submit a completed application form 3469 flexible working request to their line manager, who will confirm receipt of the form. Within 28 days of receiving the request the line manager will either arrange a meeting with the officer or member of staff who is entitled to be accompanied by a work colleague, Federation or Unison representative. The 28-day time limit can be extended by mutual agreement and in writing, using PERS97f. Or, if the meeting is not required as the line manager can agree the request and can give the appropriate authorisation within 28 days of receipt of the application. The Business Centre must receive a copy of the agreement in order to make any formal changes to terms and conditions including pay, holiday leave and allowances to prevent any overpayments. An officer or employee exercising their legal right to request to work flexibly must be notified of the decision by the line manager within 14 days of the meeting. Decisions relating to members of staff not exercising their legal right to request to work flexibly will be made as quickly as possible and usually communicated to the member of staff in 28 days. This notification will either: Accept the request and establish a start date including any other action; or Confirm a compromise agreed at the meeting; or Reject the request and set out clear business reasons for the rejection together with information relating to the appeal procedure. 3.3 Withdrawing a Flexible Working Request Officers and staff members wishing to withdraw a request to work flexibly should use form PERS97g. 3.4 Review of Flexible Working Arrangement All flexible working arrangements once agreed cannot normally be altered within a 12 month period. Where the officer or member of staff wishes to review their agreed flexible working arrangements they should do so on an annual basis. Other reviews that may relate to organisational needs can be undertaken where there is an operational need to do so and should be co-ordinated in liaison with the HR Adviser and Command Team. Reviews may also be necessary due to a significant life change for the employee. Page 3 of 7

4 The review will consider the individual s work life balance requirements and the operational and strategic needs of the Command or Department. This date must be recorded on the original form retained within the personnel file and on the member of staff s e-pdr. For those staff or officer s that have exercised their legal right to request to work flexibly, the review will need to take into account their legal right to ensure employment law is not breached. For police staff in particular, the agreement to accept their request for Flexible Working is a contractual change and therefore once mutually agreed and amended cannot be reversed or altered again except by mutual agreement, or some other substantial reason. HR should always be consulted for further advice. 3.5 Appeal An officer or member of staff whose request for flexible working is refused has the right to appeal against the decision within 14 days of being notified of the decision. Whilst this only applies to those exercising a legal right as set out at 3.1, all appeals will be dealt with as follows: The grounds for appeal must be in writing, using form PERS97d; The appeal will be heard by a member of the Departmental or LPA SMT*, who will normally be accompanied by an HR Representative; No meeting is necessary if the appeal is upheld and agreed; The officer or employee must be provided with a written copy of the appeal decision using form PERS97e within 14 days of the meeting which will either: o Uphold the appeal; o Specify an agreed variation and start date; or o Dismiss the Appeal, stating the grounds for the decision and sufficient explanation. The time limits can be extended provided both parties agree in writing. * It is an expectation of natural justice that the member of SMT who considers the appeal is not the same individual who was involved in the original decision to decline the request. Page 4 of 7

5 3.6 On what grounds can applications be refused? Applications for flexible working arrangements can be refused for the following reasons only: Burden of additional costs to Essex Police (please note that allowances for irregular hours shall not apply, where the employee opts to work these hours under a flexible working arrangement); Detrimental effect on the ability to meet Force, Command or Departmental objectives; Inability to reorganise work among existing staff; Inability to recruit additional staff to undertake the remainder of the role (this particularly applies in job share scenarios if it is not possible to recruit a suitable person for the remainder of the role); Detrimental impact on the quality of work; Detrimental impact on the performance of the Force, Command or Department. Insufficiency of work during the periods the employee proposes to work e.g., hours of work are incompatible with the shift pattern; Planned structural changes within the Force, Command or Department. 3.7 Types of Flexible Working Reduced Hours or Part-time working This allows an officer or member of staff to work fewer than the standard number of normal hours per year for the type of work in question. Overtime rates will be payable only when they have worked beyond the normal fulltime hours for the position. There are many variations in part-time working patterns. Patterns must be acceptable and workable for the organisation and enable adequate supervision and support for the command or department. Shift workers whose proposed patterns may straddle a number of shifts should discuss with their line manager how consistent supervision and support will be achieved. Patterns must comply with the European Working Time Directive. For police staff, terms and conditions of employment will be contractually altered and for officers as well, pro-rated to reflect the working pattern, i.e. pay, allowances, annual leave, bank holiday leave. Page 5 of 7

6 3.7.2 Compressed Hours This is a system whereby contractual or normal hours are worked over a shorter period than the standard working week. For example, 37 hours (five days) are worked over four days or 74 hours (10 days) are worked over a nine day period. Patterns must comply with the European Working Time Directive and Essex Police policy on agreed shift patterns; Annual leave (and Bank Holiday leave for police staff) is booked as the hours rostered to work on that day; Patterns must be acceptable and workable for the organisation and enable adequate supervision and support for the LPA or Department; An application still needs to be completed and HR informed, even though there may be no pay difference; For Police staff, the arrangement is still a contractual change to conditions of employment Staggered hours This arrangement allows an officer or member of staff to request an alteration to their start or finishing times. For example, working a half night or commencing a night shift earlier. 4.0 Equality Impact Assessment This protocol has been assessed with regard to an Equality Impact Assessment. As a result of this assessment it has been graded as having a low potential impact as the proposals in this protocol would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation. 5.0 Risk Assessment There are potential risks of litigation against Essex Police if applications are not fully considered on an individual basis and also the potential risk of impact on health, safety and welfare of individuals if applications cannot be supported. 6.0 Consultation Unison / Diversity H&S / Federation Page 6 of 7

7 7.0 Monitoring and Review This protocol will be reviewed by the Head of Employee Relations Manager within three years of the date of publication, to ensure compliance with current legislation and best practice, having particular regard to the requirements of the Employee Relations Act and the Equality Act. The effectiveness of this protocol will also be monitored by the statistical analysis of the number of officer or members of staff granted flexible working status, enabling us to monitor any adverse impact arising from this protocol. 8.0 Governing Force policy. Related Force policies or related protocols or procedures C 1400 Policy Flexible Working C 0401 Protocol Leave Entitlements C 0402 Protocol Maternity Provision Police Officers C 0403 Protocol Maternity Provision - Police Staff C 0404 Procedure Paternity and Adoption Support Leave 9.0 Other source documents, e.g. legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable) form 3469 flexible working request PERS97f PERS97e Page 7 of 7