Hurworth School FLEXIBLE WORKING

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1 Hurworth School FLEXIBLE WORKING Accepted by Board of Directors April 2009 Academised January 2014 Last reviewed: April 2016 for next review: March 18

2 FLEXIBLE WORKING POLICY 1.0 Introduction 1.1 The Government introduced the right for parents of young children to apply to work flexibly from 6th April From 6th April 2007, this right also extends to certain carers of adults (see sections 2.3 and 2.5). This right was further extended from 6th April, 2009 to include those children up to and including the age of 16. The aim of this latest change is to give parents greater flexibility to support their children in the difficult transition from childhood to young adulthood via the teenage years. From the 30 th June 2014, the right to request Flexible Working was extended to anyone with over 26wks service. 1.2 This policy reflects these changes and updates the previous Policy on Flexible Working issued in September, It gives information on the legislation and explains how the procedures can operate in Academys. It also attaches the forms to be used when processing applications (Appendices 2-8). 2.0 Background 2.1. The right to request flexible working aims to provide employees with increased opportunities to balance work and family life, whilst being compatible with and beneficial to business efficiency. 2.2 Eligible employees may request a variation to their contract to change the hours they work, the times they are required to work or the location of work (e.g. at home or Academy premises). 2.3 In order to be eligible to make a request, employees must meet the following criteria: have 26 weeks continuous service at the date of application. Only service with the Academy (as opposed to previous continuous service with other Academys/local government bodies) will apply; not be an agency worker; have not made an application to work flexibly under the legislative right during the past 12 months, and If they are applying to enable them to care for a child have a child up to and including the age of 16, or under 18 if the child has a disability (i.e. entitled to Disability Living Allowance); have responsibility for the upbringing of a child be the biological parent, guardian, special guardian, adopter or foster carer of the child, or

3 be married/registered civil partner or the partner (including same sex partner) of one of the above and living with the child; and be applying to enable him or her to care for the child; make a request for flexible working before the child s sixteenth birthday (or 18th birthday in the case of a disabled child), or If they are applying because they are caring for, or expect to be caring for an adult who is over the age of 18 be the spouse, partner, civil partner or a relative of the adult concerned, or, if not living at the same address as the adult in need of care. 2.4 A relative for this purpose is a mother, father, adopter, guardian, special guardian, parent-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, uncle, aunt or grandparent. Step-relatives and half-blood relatives are also included, as are adoptive relationships and relationships that would have existed but for an adoption (i.e. the employee s natural relatives). 2.5 The adult concerned will have to be in need of care for the employee to be eligible to make a request for flexible working. Under the legislation, there is no particular level of care required in order to show the person is in need of care, but examples of types of care covered are as follows: help with personal care (e.g. dressing, bathing, toileting); help with mobility (e.g. walking, getting in and out of bed); nursing tasks (e.g. daily blood checking; changing dressings); giving/supervising medicines; escorting to appointments (e.g. GP, hospital, chiropodist); supervision of the person being looked after; emotional support; keeping the care recipient company; practical household tasks (e.g. preparing meals, doing shopping, domestic labour); help with financial matters or paperwork. 2.6 The legislation does not provide an automatic right to work flexibly, as there will always be circumstances when the Academy is unable to accommodate the employee s desired work pattern. 2.7 However, the Academy will have a duty to consider requests seriously via the procedure set out in this circular and will only be able to refuse where there is a clear business reason for doing so. 2.8 Reasons for refusing a request can include one or more of the following: burden of additional costs to the Academy; detrimental effect on ability to meet customer demand; inability to re-organise work amongst existing employees; inability to recruit additional staff;

4 detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; planned structural change. 2.9 If a contract variation is agreed, it will normally be permanent and there will be no right to revert back to the former arrangement unless otherwise agreed (see below). If a request is rejected, a further request cannot be made for 12 months regardless of whether a previous application was made for the same caring responsibility or a different one This legislation is in addition to, and will apply completely independently from, other legislation such as sex, disability, age and race discrimination legislation. Trial Periods 2.11 Trial periods of, say, 12 weeks, can help both the Academy and employees because they provide an opportunity without commitment to test a particular working pattern to see if it works to the satisfaction of both parties In some cases, particularly where caring for an adult is involved, a permanent change may not be the best solution. Where, for example, an employee suddenly becomes the carer of an adult with a terminal illness, the Head Teacher / Principal may consider that a temporary period of flexible working, agreed informally outside the formal procedure, might be appropriate Alternatively, the Head Teacher / Principal and employee might agree to a timelimited change after which time the employee would revert back to the original pattern. Or other arrangements might be more appropriate, such as Time Off for Dependants An informal temporary arrangement might also be appropriate where the demands on an employee s time are unpredictable, for example, if caring for someone with a fluctuating condition like Parkinson s disease Trial periods can potentially happen at two stages before a formal agreement is reached: the Head Teacher / Principal could give informal agreement to a trial before a formal flexible working request has been made by the employee; if this happens, the formal procedure would still be available to the employee if they wished to use it at some stage in the future; if a formal application has been made, an extension of time for the Head Teacher / Principal to make a decision could be agreed and the trial period could happen before a final agreement takes place; in this case, the rest of the formal procedure would still be available to the employee. 3.0 Procedure 3.1 A flowchart detailing the application process is attached at Appendix 1. All the forms referred to in this policy are attached as Appendices 2-8.

5 3.2 Throughout this Policy there are references made to the Head Teacher / Principal, however, the Head Teacher / Principal may delegate this responsibility to another manager or member of the Leadership Team. It should, at the point of delegation, be made clear what authority this manager/ leader has to make decisions regarding flexible working requests as these will be contractually binding at the point they are communicated to the employee. The Head Teacher / Principal cannot delegate the hearing of the appeal as detailed at paragraph 3.9. Making the Application 3.3 Any eligible employee who wishes to apply to work flexibly must make a considered application in writing using the Flexible Working Application Form FWA (Appendix 2). As Government guidance suggests that a request can take up to 14 weeks to implement, or longer, employees should ensure that they make their application well in advance of when they would like the requested flexible working pattern to start. 3.4 The Head Teacher / Principal must meet with the employee to discuss the request within 28 calendar days. This provides an opportunity to explore the desired work pattern in depth and how best it might be accommodated. It also provides an opportunity to consider alternative working patterns should there be problems in accommodating the desired work pattern outlined in the employee s application, discuss any problems and consider alternatives. 3.5 The Head Teacher / Principal must give the decision in writing within 14 calendar days of the meeting to either agree to a new work pattern or refuse the request. If a variation is agreed, the Head Teacher / Principal must set out the agreement and the date from which it is to take effect using the Flexible Working Application Acceptance Form FWB (Appendix 3) and notify the Academy s payroll provider. 3.6 If the Head Teacher / Principal refuses the request, s/he must give the grounds for refusal, explain why it applies in the circumstances and give details of the right of appeal using the Flexible Working Application Rejection Form FWC (Appendix 4). Right Of Appeal 3.7 The employee has the right to appeal against the Head Teacher s / Principal s decision within 14 calendar days of receipt of the Flexible Working Application Rejection Form FWC (Appendix 4). The employee must make an appeal by completing the Flexible Working Appeal Form FWD (Appendix 5) and forwarding this to the Head Teacher / Principal. 3.8 If the Head Teacher / Principal then decides to accept the request, s/he must notify the employee of the variation and the date it is to start, within 14 calendar days of receiving the employee s notice of appeal, using the Flexible Working Appeal Reply Form FWE (Appendix 6) and notify the Academy s payroll provider.

6 3.9 If the Head Teacher / Principal does not initially accept the appeal, s/he must notify the employee by using the Flexible Working Appeal Reply Form FWE (Appendix 6) and organise an appeal meeting within 14 calendar days of receiving the Flexible Working Appeal Form FWD (Appendix 5). As with Stage 2 of the Academy s Grievance procedures, the appeal will be heard by the Head Teacher / Principal. However if the Head Teacher / Principal has previously been involved in the process then the appeal would be to Committee A of the Governing Body The decision must be given to the employee in writing within 5 calendar days of the appeal meeting, using the Flexible Working Appeal Reply Form FWE (Appendix 6). The employee has five calendar days from receipt of form FWE (Appendix 6) to notify Committee A in writing of their intention to invoke Stage 3 of the Academy s Grievance Procedure for a hearing with the Appeal s Committee of the Governing Body (Committee B). Which will be heard as soon as is practicably possible This third stage decision is final. However, the employee can ultimately complain to an Employment Tribunal if s/he feels that the Academy has failed to comply with the legislation governing flexible working, or the Academy s decision to reject an application was based on incorrect facts. The tribunal would verify whether the Academy has followed all the proper procedures and examine any disputed facts relating to why the business grounds for refusal apply. However, the tribunal could not question the Academy s business reason itself. Extension to Time Limits 3.12 There may be a number of reasons why the specified time limits set out in this circular are too short and an extension may be required For the purposes of this policy reference to calendar days will not include Academy closure periods Time limits will automatically be extended where the Head Teacher / Principal (or other person who would ordinarily be expected to consider the application) is absent because of annual or sick leave when the application is received. In such cases, the 28-day period begins when the employee returns to work, or 28 days after the application is made, whichever is the sooner In other circumstances, time limits can be extended where the employee and Head Teacher / Principal agree (for example, to accommodate a trial period) and must be recorded by using the Flexible Working Extension of Time Limit Form FWF (Appendix 7). Meetings 3.15 All meetings must be arranged by the Academy at a time and place suitable to both parties. All notices should be in writing and should be dated The employee will have the right to be accompanied at any meetings and appeals by a union representative or an employee who also works for the Academy (e.g. colleague or friend of their choice) who does not have a conflict of interest.

7 Withdrawal Of Application 3.17 If the employee withdraws their application, the employee should write to the Head Teacher / Principal to confirm this, using the Flexible Working Notice of Withdrawal Form FWG (Appendix 8). The Head Teacher / Principal should complete and return the bottom of the form to acknowledge the request to withdraw the application In circumstances where an employee misses two meetings without reasonable cause, or unreasonably refuses to provide the Head Teacher / Principal with the information required to assess whether the contract variation can be granted, the application can also be regarded as withdrawn and form FWG (Appendix 8) must be issued by the Head Teacher / Principal. Storage Of Documentation 3.19 All original paperwork relating to the application for flexible working must be stored on the employee s personal file and for equal opportunities monitoring purposes. 4.0 Further Advice 4.1 Further advice on the application of this policy is available from the Academy s HR Provider. Academised to reflect the change of School status only January 2014

8 Appendix 1 FLOWCHART OF APPLICATION PROCESS Head Teacher receives an application for flexible working on form FWA (App 2) Within 28 calendar days Head Teacher and employee meet to discuss the application Within 14 Calendar days Head Teacher writes notifying employee of decision Request REJECTED Form FWC (App 4) Request ACCEPTED Form FWB (App 3) Head Teacher and employee will need to consider what arrangements they need to make for when the working pattern is changed The employee needs to decide if they wish to appeal against the decision within 14 calendar days of receipt of the Form FWC using Form FWD (App 5) Head Teacher receives the employee s written appeal on form FWD (App 5). Head Teacher needs to meet with the employee/inform employee of decision and if applicable arrange the Appeal hearing within 14 calendar days of receiving Form FWD Initial appeal REJECTED Form FWE (App 6) Initial appeal ACCEPTED Form FWE (App 6) Head Teacher and employee will need to consider what arrangements they need to make for when the working pattern is changed Appeal heard by Head Teacher/Committee A depending on who has previously been involved in the process Within 5 calendar days Head Teacher/Chair of Committee A writes notifying the employee of decision using form FWE (App 6) Appeal REJECTED Appeal ACCEPTED Head Teacher and employee will need to consider what arrangements they need to make for when the working pattern is changed The employee needs to decide if they wish to appeal against the Head Teacher/Committee A s decision. If so, they must appeal, in writing to Head Teacher/Committee A within 5 calendar days of receiving the FWE form setting out the grounds for that appeal Hearing with the Appeals Committee (Committee B) as soon as is practicably possible Request REJECTED Appeal ACCEPTED Head Teacher and employee will need to consider what arrangements they need to make for when the working pattern is changed In specific circumstances, the employee can take their case to employment tribunal or binding arbitration

9 Appendix 2 FORM FWA: FLEXIBLE WORKING APPLICATION FORM Note to the Employee You can use this form to make an application to work flexibly under the right provided in law to help eligible employees care for their children or for an adult. Before completing this form, you should speak to your Head Teacher / Principal to check whether you meet the eligibility criteria under the relevant legislation. You should note that under the right, it may take up to 14 weeks to consider a request before it can be implemented and possibly longer. You should therefore ensure that you submit your application to your Head Teacher / Principal well in advance of the date you wish the request to take effect. It will help your Head Teacher / Principal to consider your request if you provide as much information as you can about your desired working pattern. It is important that you complete all the questions as otherwise your application may not be valid. When completing sections 3 and 4, think about what effect your change in working pattern will have both on the work that you do and on your colleagues. Once you have completed the form, you should immediately forward it to your Head Teacher / Principal (you might want to keep a copy for your own records). Your Head Teacher / Principal will then have 28 calendar days after the day your application is received in which to arrange a meeting with you to discuss your request. If the request is granted, this will normally be a permanent change to your terms and conditions, unless otherwise agreed. Note to the Head Teacher / Principal This is a formal application made under the legal right to apply for flexible working and the duty is on employers to consider applications seriously. You have 28 calendar days after the day you received this application in which to either agree to the request or arrange a meeting with your employee to discuss their request. You should confirm receipt of this application using the attached confirmation slip. Forms for you to respond to this application are attached to the Flexible Working Policy (Updated April 2009). However, please consult the Academy s HR provider prior to responding to this request. 1. Personal Details Name Payroll number Head Teacher/ Principal National Insurance No.

10 To the Head Teacher / Principal I would like to apply to work a flexible working pattern that is different to my current working pattern under my right provided in law. I confirm I meet each of the eligibility criteria as follows: - I have worked continuously as an Academy employee for the last 26 weeks; I have not made a request to work flexibly under this right during the past 12 months (please give the date/s of any previous requests to work flexibly under this right), and I have responsibility for the upbringing of a child up to and including the age of 16 or a disabled child under 18. I am the mother, father, adopter, guardian, special guardian or foster parent of the child; or married, the civil partner, or the partner of, the child s mother, father, adopter, guardian, special guardian or foster parent. I am making this request to help me care for the child. I am making this request up to and including the child s 16 th birthday or 18 th birthday where disabled, or I am, or expect to be, caring for an adult who is over the age of 18 I am the spouse, partner, civil partner or relative of the adult in need of care; or not the spouse, partner, civil partner or relative of that adult, but live at the same address. I am making this request to help me care for the adult in need of care. To the Applicant If you are unsure whether you meet the relevant criteria above, please speak to the Academy s HR provider. If you are unable to meet all of the relevant eligibility criteria then you do not qualify to make a request to work flexibly in law. This does not mean that your request may not be considered but you will have to explore this separately with your Head Teacher / Principal. 2a. Describe your current working patterns (days/hours/times worked): 2b. Describe the working pattern you would like to work in future (days/hours/times worked): (you may continue on a separate sheet if necessary) 2c. I would like this working pattern to commence from :

11 3. Impact of the new working pattern I think this change in my working pattern will affect the Academy and colleagues as follows: 4. Accommodating the new working pattern I think the effect on the Academy and colleagues can be dealt with as follows: Name PLEASE PASS THIS APPLICATION TO YOUR HEAD TEACHER / PRINCIPAL Cut this slip off and return it to your employee in order to confirm your receipt of their application Head Teacher s / Principal s Confirmation of Receipt (to be completed and returned to employee) Dear: I confirm that I received your request to change your work pattern on: : I shall be arranging a meeting to discuss your application within 28 calendar days following this date. In the meantime, you might want to consider whether you would like a fellow colleague to accompany you at the meeting. From: We will use the information you give on this form and any supporting information you provide for the purposes of the form/service. Additionally, we will also use the information for the purposes of the Academy, and any other lawful purpose, and/or to provide you with information regarding other services and benefits to which you may be entitled.

12 Appendix 3 FORM FWB: FLEXIBLE WORKING APPLICATION ACCEPTANCE FORM Note to the Head Teacher / Principal You must write to your employee within 14 calendar days following the meeting with your decision. This form should be completed when accepting an application to work flexibly. If you cannot accommodate the requested working pattern, you may still wish to explore alternatives to find a working pattern suitable to you both. Please note that Form FWC: Flexible Working Application Rejection Form should be used if the employee s working pattern cannot be changed, and no other suitable alternatives can be found. Dear: Staff Number Following receipt of your application and our meeting on: I have considered your request for a new flexible working pattern. I am pleased to confirm that I am able to accommodate your application. I am unable to accommodate your original request. However, I am able to offer the alternative pattern that we have discussed and you agreed would be suitable to you. Your new working pattern will be as follows: Your new working arrangements will begin from: Note to the Employee Please note that change in your working pattern will normally be a permanent change to your terms and conditions of employment and you have no right in law to revert back to your previous working pattern unless otherwise agreed. If you have any questions on the information provided on this form, please contact me to discuss them as soon as possible. Name PLEASE RETURN THIS FORM TO YOUR EMPLOYEE AND NOTIFY THE ACACEMY S PAYROLL PROVIDER We will use the information you give on this form and any supporting information you provide for the purposes of the form/service. Additionally, we will also use the information for the purposes of the Academy, and any other lawful purpose, and/or to provide you with information regarding other services and benefits to which you may be entitled.

13 FORM FWC: FLEXIBLE WORKING APPLICATION REJECTION FORM Note to the Head Teacher / Principal Appendix 4 You must write to your employee within 14 calendar days following the meeting with your decision. This form can be completed by you when declining an application. Before completing this form, you must ensure that full consideration has been given to the application. You must state the business ground(s) as to why you are unable to agree to a new working pattern and the reasons why the ground(s) applies in the circumstances. The list of the permissible business grounds under which a request may be refused are given in the Flexible Working Policy (Updated April 2009). Dear Staff Number Following receipt of your application and our meeting on I have considered your request for a new flexible working pattern. I am sorry, but I am unable to accommodate your request for the following business ground(s): The grounds apply in the circumstances because: (You should explain why any other work patterns you may have discussed at the meeting are also inappropriate. Please continue on a blank sheet if necessary). If you are unhappy with the decision, you may appeal against it. Details of the appeal procedure are set out overleaf. Name

14 The Appeal Process To the employee If your Head Teacher / Principal turns down your request for flexible working, you have the right to appeal against the decision. If you wish to appeal, you must do so using the Flexible Working Appeal Form FWD (contained within the Flexible Working Policy (Updated April 2009), setting out the grounds for your appeal, within 14 calendar days after receiving written notice of this decision To the Head Teacher / Principal If you reject your employee s request for flexible working, your employee has the right to appeal against your decision If your employee appeals against your decision to refuse a request for flexible working, you must arrange a meeting with your employee to discuss the appeal within 14 calendar days after receiving the appeal letter. This is detailed in the Flexible Working Policy (Updated April 2009). After the meeting has been held, you must write to your employee within 14 calendar days to notify them of the outcome of the appeal. PLEASE RETURN THIS FORM TO YOUR EMPLOYEE We will use the information you give on this form and any supporting information you provide for the purposes of the form/service. Additionally, we will also use the information for the purposes of the Academy, and any other lawful purpose, and/or to provide you with information regarding other services and benefits to which you may be entitled.

15 Appendix 5 FORM FWD: FLEXIBLE WORKING APPEAL FORM Note to the Employee If your application has been refused, you may appeal against your Head Teacher s / Principal s decision. You can use this form to make your appeal. You should set out the grounds on which you are appealing and do so within 14 calendar days of receiving written notice that your application for flexible working has been turned down. Note to the Head Teacher / Principal This is a formal appeal made under the legal right to apply for flexible working. You have 14 calendar days following receipt of this form in which to arrange a meeting with your employee to discuss their appeal. The Flexible Working Appeal Reply Form FWE should be used when responding to this appeal. This is provided in the Flexible Working Policy (Updated April 2009). Dear I wish to appeal against your decision to refuse my application for flexible working. I am appealing on the following grounds: (Please continue on a blank sheet if necessary). Name PLEASE RETURN THIS FORM TO YOUR HEAD TEACHER / PRINCIPAL We will use the information you give on this form and any supporting information you provide for the purposes of the form/service. Additionally, we will also use the information for the purposes of the Academy, and any other lawful purpose, and/or to provide you with information regarding other services and benefits to which you may be entitled.

16 Appendix 6 FORM FWE: FLEXIBLE WORKING APPEAL REPLY FORM Note to the Head Teacher / Principal You may complete this form when replying to an appeal that an application to work flexibly has been properly considered. You must return this form to the employee, giving notice of your decision, within 14 calendar days after the meeting at which you both discussed the appeal. If you decide to turn down the appeal, you must state the grounds for your refusal but must discuss these the Academy s HR provider first. Note to Chair of Committee A You may complete this form when replying to an appeal that an application to work flexibly has been properly considered. You must return this form to the employee, giving notice of your decision, within 5 calendar days after the meeting at which you discussed the appeal. If you decide to turn down the appeal, you must state the grounds for your refusal. Dear Staff Number Following our meeting on: I have considered your appeal against the decision to refuse your application to work a flexible working pattern. I accept your appeal against the decision. I am therefore able to accommodate your original request to change your working pattern as follows: Your new working arrangements will begin from: Note to the Employee Please note that the change in your working pattern will normally be a permanent change to your terms and conditions of employment and you have no right in law to revert back to your previous working pattern unless otherwise agreed. I am sorry but I must reject your appeal for the following ground(s):

17 The ground(s) apply because: (please continue on a separate sheet if necessary) Name PLEASE RETURN THIS FORM TO THE EMPLOYEE. (IF YOU HAVE AGREED TO A REVISED WORKING PATTERN PLEASE NOTIFY THE ACADEMY S PAYROLL PROVIDER) We will use the information you give on this form and any supporting information you provide for the purposes of the form/service. Additionally, we will also use the information for the purposes of the Academy, and any other lawful purpose, and/or to provide you with information regarding other services and benefits to which you may be entitled.

18 FORM FWF: FLEXIBLE WORKING EXTENSION OF TIME LIMIT FORM Appendix 7 Note to the Head Teacher / Principal This form is provided for you to complete when confirming agreement with your employee that you wish to extend a time limit for part of the procedure, from that set out in the regulations. You may extend the time limit for any part of the process, providing your employee agrees to the extension. Information on when it might be appropriate to extend the time limits can be found in the Flexible Working Policy (Updated April 2009). Dear Staff Number I wish to extend the amount of time that the regulations allow me to: Arrange a meeting to discuss your application (28 days) Notify you of my decision regarding your application (14 days) Arrange a meeting to discuss your appeal (14 days) Notify you of my decision regarding your appeal (14 days) I wish to extend the time limit to days. This means that I will have until to complete the necessary action. I need the extra time for the following reason: If you agree to this extension, please complete the slip below and return it to me. Signed NOW PASS THIS APPLICATION TO YOUR EMPLOYEE Note to the Employee To allow proper consideration of your request, your Head Teacher / Principal may wish to extend the permitted time limit for any part of the process. Your Head Teacher / Principal will need your agreement to any extension of the time limit. If you agree to the above request, please complete the agreement slip below and return it to your Head Teacher / Principal Cut this slip off and return it to your Head Teacher / Principal in order to confirm your acceptance of their request Employee s Agreement of Time Extension (to be completed and returned to Head Teacher / Principal) Dear I accept your request to extend the amount of time to Signed

19 FORM FWG: FLEXIBLE WORKING NOTICE OF WITHDRAWAL FORM Note to the Employee Appendix 8 This form provides notification to your Head Teacher / Principal that you wish to withdraw your application to work flexibly. Once you have withdrawn your application, you will not be able to make another application until 12 months from the date your original application was made. Dear I wish to withdraw my application to work flexibly which I submitted to you on I understand that I will not be able to make another application until twelve months after the above date. Name NOW RETURN THIS FORM TO YOUR HEAD TEACHER / PRINCIPAL Note to the Head Teacher / Principal Once your employee has completed this form and returned it to you, the application is considered as withdrawn and you are not required to give it any further consideration. You should complete the slip below and return it to your employee to confirm your receipt of the withdrawal notice Cut this slip off and return it to your employee in order to confirm your receipt of their withdrawal notice Head Teacher s / Principal s Confirmation of Withdrawal (to be completed and returned to employee) Dear I confirm that I have received notice that you wish to withdrawn your application for flexible working which you submitted to me on Under the right to apply, you will not be eligible to submit another application until twelve months after the above date. From