Flexible working guidelines (PDF - 127KB) - University of Birmingham

Flexible Working Guidelines• Flexible working for parents• Flexible working for carers of adultsintranet.birmingham.ac.uk/hr1

University of BirminghamFlexible Working GuidelinesScope and Purpose1. These guidelines set out the criteria, process and conditions for making and consideringa flexible working request under the statutory right to request a flexible working pattern,as set out in the amended Employment Rights Act 1996.2. This information will be updated by Human Resources to reflect any changes to statutoryarrangements or University practices, and is correct as of April 2011.Flexible Working3. 'Flexible working' describes any working pattern where the number of hours worked, orthe times when work takes place, varies from the standard practice for a post. It mayinvolve working fewer hours, such as part-time working or job share, or changing whenor where contractual hours are worked.4. Flexible working patterns can have benefits both for staff and for the University. Forexample, they can help staff achieve a better balance between their home and workresponsibilities, and enable departments to structure working patterns around the peaksand troughs of demand.5. Examples of flexible working patterns include:• Part-time working• Job sharing• Term-time only working• Compressed hours• Staggered hours• Home workingFurther information on different types of flexible working is attached at the end of thisdocument.Flexible Working at the University6. Under the amended Employment Rights Act 1996, staff have a statutory right to requesta flexible working pattern where they meet the following criteria:• They have a minimum of 26 weeks continuous service at the University at the time ofapplying; and• They are making the request in order:- to care for a child aged 16 or under; or- to care for a disabled child under the age of 18; or- to care for an adult; and2

• They are the mother, father, adopter, guardian, special guardian, foster parent orprivate foster carer of the child in need of care; or are married to, or the partner orcivil partner of the mother, father, adopter, guardian, special guardian, foster parentor private foster parent of the child; or• They are the spouse, partner, civil partner or relative 1 of the adult in need of care; orlive at the same address as the adult in need of care.Staff can make only one statutory request to work flexibly in any 12-month period.7. The University has a statutory duty to seriously consider flexible working requests thatmeet the above criteria, and may decline a request where there are recognised businessgrounds for doing so (see paragraph 20 below).8. Colleges and Budget Centres have the discretion to consider flexible working requestswhere the reason for the request is other than the statutory reasons outlined above.Such requests would still need to be considered in relation to the criteria set out inparagraph 20 below.9. Where a staff member has a disability and moving to a flexible working pattern has beenrecommended as a ‘reasonable adjustment’ to their working practices, an applicationunder these guidelines does not need to be made. Where a member of staff with adisability wishes to work flexibly to care for a child or adult, as specified in paragraph 6,that request should be made under these guidelines.Making an Application10. Staff who meet the criteria in paragraph 6 should make their request using the FlexibleWorking Application Form at the end of this document. Editable electronic copies of theform are also available from the form bank on the Human Resources website atintranet.birmingham.ac.uk/hr/leave/flexible/, and paper copies on request from yourHuman Resources team. The application form asks staff to state:• That they meet the qualifying conditions to request flexible working• The flexible working pattern they wish to move to• The date they wish it to be effective from• What effect the change will have on the staff member’s colleagues and department(for example, if hours are reduced, what will the effect of the person being absentduring those hours be?)• The staff member’s suggestions as to how these effects be dealt with11. The staff member is asked to provide this information to help the University seriouslyconsider their request. If the application is incomplete, the staff member may be askedto resubmit it. Once a flexible working arrangement has been agreed to, there is noautomatic right to change back to the old working pattern, unless this was agreed at thetime the application was made. As flexible working often involves reducing the numberof hours worked, thought should be given to the effect this will have on salary, pension1 ‘Relative’ means 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 andstep-parent, step-son, step-daughter, step-brother and step-sister. Step-relatives are also included,as are adoptive relationships and relationships that would have existed but for adoption, ie a staffmember’s natural relatives.3

contributions, holiday leave and other benefits, all of which will be reduced in line withany reduction in working hours.12. The form should be submitted to the staff member’s line manager and a copy sent totheir Human Resources team. Ideally, the form should be submitted as far in advanceas possible, to ensure there is time for the request to be considered before the proposedarrangement needs to begin. For example, under the statutory timescales, it may takeup to six weeks for a request to be considered and a decision made (excluding time foran appeal to be lodged and heard, if necessary).13. The staff member’s manager will complete and return the tear-off receipt on theapplication form to the member of staff to confirm their receipt of the application.Considering the Request14. The University has a duty to give serious consideration to a statutory flexible workingrequest and whether it can be reasonably accommodated. Requests may be declinedwhen they cannot be accommodated on business grounds. When considering astatutory request, the University will seek to accommodate the staff member’s needs, butwill also need to balance these against the operational needs of the staff member’s teamor department.15. The staff member should be invited to a meeting with their line manager to discuss theirrequest within 28 days of the application being received. The purpose of this meeting isto discuss in further detail how the proposed arrangement could work in practice, and todiscuss alternatives if the request cannot be accommodated in its current form. If astatutory flexible working request can be agreed to on the basis of the application alone,it is not necessary to hold this meeting. In these cases, the staff member will beinformed of the decision in writing as outlined in paragraph 19 below. However, in themajority of instances, it would be expected that a formal meeting would need to be held.16. The staff member has the right to be accompanied at this meeting by a work colleagueor union representative. The line manager may request that a Human Resourcesrepresentative also be present at the meeting.17. If it is not possible to hold the meeting within 28 days of the application being received,the meeting may be held at a later date provided that the member of staff is consulted onthis and agrees to the extension. The agreement should be put in writing and a copysent to the staff member. 218. One outcome of the meeting may be that both parties agree flexible working beundertaken for a trial period before a decision on granting the request is made. This willinvolve a joint agreement that the statutory timescales for making a decision on theflexible working application be extended. This agreement should be put in writing and adate for a further meeting to discuss the request and outcome of the trial period agreed,as per the meeting details in paragraphs 15-17. The process from paragraph 19onwards will then continue to apply.2 If an application is sent to a line manager who is absent from work, an automatic extension applies.The 28-day period for the University to arrange a meeting with the staff member will begin when theline manager returns to work, or within 28 days of the application being submitted, whichever issooner.4

19. If the statutory request – or an alternative arrangement – is agreed to, writtenconfirmation of this will be sent to the staff member within 14 days of the meeting. Thiswill confirm the new working arrangement, the date it will begin from and, if appropriate,the date it will end.20. If – after giving the application serious consideration and looking at possible alternatives– it is felt that a statutory request cannot be accommodated on business grounds, thestaff member will receive written confirmation of this within 14 days of the meeting. Thewritten confirmation will include the business grounds for rejecting the request and howthey apply in that particular case. The staff member will also be informed of their right ofappeal. Under the statutory right to request flexible working, the recognised businessgrounds for refusing a request are:• Burden of additional costs• Detrimental effect on the 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 changesAppeals21. Staff have the right to appeal within 14 days of receiving the University’s decision ontheir statutory flexible working request. The appeal should be in writing and should statethe grounds on which they are appealing against the decision. The letter of appealshould be sent to their Head of College or Budget Centre and a copy to their HumanResources team.22. An appeal meeting will be held by the Head of College or Budget Centre, or theirrepresentative, within 14 days of receiving the appeal letter. The staff member has theright to be accompanied at this meeting by a work colleague or union representative.The Head of College or Budget Centre may request that a Human Resourcesrepresentative be present at the meeting.23. Within 14 days of the meeting, written notification of the outcome of the appeal will besent to the staff member. If the request to work flexibly is accepted, this will confirm thenew working arrangement, the date it will begin from and, if appropriate, the date it willend. If the appeal is rejected, the letter will state the business grounds for this decisionand how they apply in that particular case.5

Types of Flexible WorkingThe term ‘flexible working’ encompasses a wide range of activities and types of working.Typically it involves some form of change to how much time is worked, when work isundertaken or where that work is undertaken, or a combination of these.a) Changes to how much time is worked• Part-time working involves working less than the standard full-time hours for a post.This may be by reducing the number of days worked per week, or by working a fullweek but reducing the number of hours worked each day. There are a number ofvariations on part-time working, such as job-share and term-time working.• Job sharing involves two people sharing the duties and responsibilities of one fulltimepost, on the appropriate pay scale and terms of employment designed for thatparticular job. The division of hours is often 50/50, although some job-sharearrangements involve other options (eg alternate weeks, mornings/afternoons, twodays/three days etc).• Term-time only working involves working only during University or school termtimes.Actual working hours during term time may be full- or part-time, and salariesmay be paid pro rata during the year or holidays may be treated as unpaid leave.Arrangements that involve reducing the number of hours worked will result in a reductionin salary and also other forms of remuneration and benefits, such as pensioncontributions and holiday leave.b) Changes to when work is undertaken• Staggered hours arrangements are when the staff member works set hours everyday, but the start and finish times are earlier or later than standard in order to supporttheir caring responsibilities. The staff member may still work their standard weeklyhours, or may combine this arrangement with a reduction in the number of hoursworked.• Compressed hours arrangements involve extending the number of hours workedper day, so that standard weekly hours are worked over 4 or 4.5 days instead of 5, orstandard fortnightly hours worked over 9 days instead of 10. Working arrangementswill still need to be compliant with the Working Time Directive, and staff consideringcompressed working hours should give full consideration to the impact of extendedworking hours on their work-life balance.• Seasonal/annualised hours are most effective in posts where there are significantvariations in workload from one time of the year to another. Working hours arecalculated over the period of a year, rather than a week, and work arranged inaccordance with the peaks and troughs of the workload. This results in staff workingtheir standard annual hours, but with more weekly hours then standard being workedat particular times of the year and fewer at other times.6

c) Changes to where work is undertaken• Home working/remote working involves a staff member working from home for partof their standard working hours. Home working enables staff to focus on their work ina quiet environment and so is suited to work that requires sustained periods ofconcentration and minimum face-to-face interaction with other staff and customers. Itwill involve the provision of appropriate home computing and telephone equipment toenable effective communication, and any necessary health and safety checks willalso need to be undertaken. Managers and staff will also need to reach agreementon monitoring the output of work undertaken at home.7

University of BirminghamFlexible Working Application FormNote to Staff:This form should be used to make a statutory application to work flexibly in order:• to care for a child aged 16 or under; or• to care for a disabled child under the age of 18; or• to care for an adult.Before completing this form, you are advised to read the University’s Flexible WorkingGuidelines to learn more about the right to request a flexible working pattern, and to ensurethat this is the right choice for you. Copies of the guidelines are available fromintranet.birmingham.ac.uk/hr/leave/flexible/ or on request from your Human Resources team.There is no automatic right to revert to your old working pattern, unless information on this isincluded in your application and agreed by your manager.As it may take up to six weeks for a request to be considered and a decision made(excluding time for an appeal to be lodged and heard, if necessary), you should ensure thatyour application is submitted well in advance of the date you wish the request to take effectfrom.The completed form should be passed to your line manager and a copy sent to your HumanResources team.Note to Managers:This is a formal application to work flexibly, made under the statutory right to apply forflexible working and the duty on employers to give such applications serious consideration.On receipt of this application, please complete and return the tear-off strip at the end of theform to the staff member to confirm you have received the application.You then have 28 days after the date you received the application in which to hold a meetingwith the member of staff to discuss their request. Further information on the flexible workingapplication process is provided in the Flexible Working Guidelines, available fromintranet.birmingham.ac.uk/hr/leave/flexible/ or on request from your Human Resources team,who can also advise you on this process.8

Personal DetailsName:School/Budget Centre:I would like to apply to work a flexible working pattern that is different to my current workingpattern, under my right provided under section 80F of the Employment Rights Act 1996.I confirm that I meet the following criteria (please tick):And:Or:I have worked for the University continuously for the last 26 weeks.I have not made a statutory request to work flexibly under this right during the last 12months.I have responsibility for the upbringing of either a child aged 16 or under or adisabled child under the age of 18; andI am the mother, father, adopter, guardian, special guardian, foster parent or privatefoster parent of the child, or am married to, or am the partner or civil partner, of themother, father, adopter, guardian, special guardian, foster parent or private fosterparent of the child; andI am making this request to help me care for the child.I am, or expect to be, caring for an adult; andI am the spouse, partner, civil partner or relative of the adult in need of care, or liveat the same address as the adult in need of care; andI am making this request to help me care for the adult in need of care.If you are unable to tick the relevant boxes, you do not have a legal right to make a requestto work flexibly under the Flexible Working Guidelines. However, it may be possible to reachan arrangement through negotiation with your line manager.Proposed Flexible Working PatternPlease use this section to describe the flexible working pattern you would like to move to.a) Describe your current working pattern (eg days/hours/times worked).b) Describe the working pattern you would like to work in the future (egdays/hours/times worked).9

c) When would you like this proposed working pattern to begin from? (Theproposed date should allow adequate time for the application to beconsidered.)Date:d) What impact do you think your proposed working pattern will have on yourdepartment and colleagues?I think the change in my working pattern will affect my department and colleagues asfollows:e) How could any impact on your department and colleagues be dealt with?I think the effect on my department and colleagues can be dealt with as follows:Name:Signature:Date:Please forward the form to your line manager and a copy of it to your Human Resourcesteam.---------------------------------------------------------------------------------------------------------------------------Note to Manager - Please tear off/photocopy this slip and return it to the staff member toconfirm your receipt of their application.University’s confirmation of receipt (to be completed and returned to the member ofstaff)Dear ………………………………….I confirm that I received your request to change your working pattern on………………..I shall be arranging a meeting to discuss your application within 28 days following this date.You have the right to be accompanied at this meeting by a work colleague or unionrepresentative.From ………………………………………..10