Policies

Flexible Working Policy

Cherry Willingham Parish Council (CWPC)

 

FLEXIBLE WORKING POLICY AND PROCEDURE

1.0    Policy Statement

 

This policy applies to all staff employed by the CWPC unless otherwise stated.

 

CWPC values its staff and endeavours to provide opportunity for the staff to achieve a better work/life balance. We also recognise that providing flexible working opportunities can help recruit and retain staff.

 

CWPC understands that staff need to balance their domestic commitments with their work.  We will support our staff in achieving this balance by providing a variety of flexible working patterns.

 

    

2.0    The Statutory Right to Request Flexible Working

 

Any employee with at least 26 weeks continuous service has the right to request to work flexibly, provided they have not made another request in the previous 12 months.

 

2.1    How to make a request

 

An employee’s request for flexible working must be made in accordance with the statutory procedure.  The manager will inform the member of staff if they have failed to make their request in accordance with the procedure and that as a result it does not have to be considered in accordance with the statutory procedure.  If an employee fails to provide all the information required, the manager should inform the employee of the omission(s) and ask that the application be resubmitted once completed. 

 

The information required is as follows:

  1. applications must be made in writing (either on paper or in electronic format);

  2. the application must be dated;

  1. the application must specify that it is an application for flexible working under the Children and Families Act 2014;

  1. the change requested;

  1. the date on which the proposed change should take effect;

  1. the date of any previous applications;

  1. the effect of the change on the employer (if any) and how that might be dealt with;  

 

  1. When to make a request

 

An employee may only make one request in any 12 month period.

 

This provision only relates to when the request is made not the time when the proposed change should take effect.

 

2.3    Effect of granting a request

 

If a request is granted it is a permanent variation to the employee’s contract of employment (unless otherwise agreed) and the employee has no right to revert to his or her previous terms and conditions. 

 

A reduction in working hours will clearly result in a reduction in salary and annual leave entitlement and will require the HR committee to issue correspondence confirming revised terms and conditions to the individual.

 

It is possible for a request to be granted on a trial basis.

 

2.4    Procedural requirements

 

When a manager receives a request for flexible working he or she must meet with the employee as soon as reasonably possible.

 

The meeting must be at a time and place convenient for both the manager and the employee.  The meeting should provide the manager and the employee with the opportunity to explore the desired work pattern in depth and discuss how it might be accommodated. It will also be an opportunity to consider alternative suitable working arrangements if there are problems in accommodating the employee’s desired pattern.

 

Following the meeting the manager must notify the employee of the decision as soon as reasonably possible.  

 

If the request is granted this must be confirmed in writing and dated and specify the changes that have been agreed and the date on which they will take effect.

 

If the request is refused the notice must be in writing; be dated; state the grounds for refusal; and contain sufficient explanation as to why those grounds apply. The notice must also set out the appeals procedure.

 

If the manager elects to agree to the employee’s request at the outset, it is not necessary to meet with the employee, the manager must instead write to the employee, specifying the agreed changes to his or her terms of employment and the date on which the changes are to take effect.

 

2.5    Grounds for refusal

 

A request can only be rejected on one or more of the following business grounds:

  1. burden of additional costs;

  1. detrimental effect on ability to meet council demand;

  1. inability to reorganise work among existing staff;

  1. inability to recruit additional staff;

  1. detrimental impact on quality;

  1. detrimental impact on performance;

  1. insufficiency of work during the periods the employee proposes to work;

  1. planned structural changes;

 

The grounds must be explained in sufficient detail, including the key facts about why the business ground applies. These should be accurate and clearly relevant to the business grounds. To prevent any uncertainty, the explanation should avoid the use of unfamiliar jargon and should be written in plain English. Any facts quoted must be accurate.

 

2.6    Appeals procedure

 

Employees have the right of appeal against the decision to refuse a request for flexible working. Appeals must be made in writing, setting out the grounds of appeal, within 7 days of the date of on which the notice of the decision was made. Where possible a different councillor should hear the appeal.

An appeal can be upheld by writing to the employee as soon as reasonably practical, specifying the agreed changes and the date that they will take effect.

 

An appeal meeting must be held at an appropriate time and place as soon as reasonably practical after receiving notice of the appeal. If the employer decides to agree to the changes after the meeting he/she must issue the employee with a written, dated notice which specifies the agreed changes and the date on which they will take effect. If the appeal is rejected, the employer must issue a written, dated notice which contains the grounds for the decision and contains sufficient explanation as to why those grounds apply.

 

2.7    Employee Companion

 

Employees may be accompanied by a work colleague at any meetings connected with this procedure. If the companion is not available to attend a meeting, the meeting may be postponed.

 

2.8    Time limits

 

The procedure for dealing with a flexible working request should be dealt with as soon as reasonably practical. An initial request should be dealt within 2 months, unless a longer period is agreed with the employee. An appeal should be dealt with within 1 month, unless a longer period is agreed with the employee.

 

2.9    Withdrawal of application

 

There is no requirement to consider a request if the request is withdrawn by the employee.  A request is only considered withdrawn in the following circumstances:

  1. where the employee has notified either orally or in writing that the application is withdrawn;

  1. where the employee without reasonable cause fails to attend a meeting or appeal more than once;

Unless the application is withdrawn by the employee in writing, the employer must provide the employee with written notification of the withdrawal.


 

3.0    Flexible Working Options

 

3.1    Part-Time Working

 

Part-time working is defined as being contracted to work for anything less than the normal basic full time hours of a post. Part-time working can take various patterns, including part day, part week or a combination of the two.

 

Part-time employees receive a pro-rata entitlement to the salary and benefits of equivalent full time staff based upon the hours that they work. 

 

Any member of staff may request a reduction in their working hours at any time. Managers will endeavour to accommodate such requests wherever reasonably practical.  


 

3.2    Job Share

 

Job sharing is a form of part-time working whereby two people share the responsibility of a full-time post (or almost full-time/more than full-time) and share the pay and benefits according to the amount of time each one works. The job sharers, therefore, jointly fulfil the objectives of the post. The job share pair will often have joint objectives but will be appraised separately.

 

Any member of staff may apply to work as part of a job share. Managers will endeavour to accommodate such requests wherever reasonably practical, however, unless interest is expressed by another suitable person the appointment to the post on a job share basis will not be able to proceed.

 

When appointing to a job share the annual leave and Bank Holiday entitlement will be divided proportionately according to hours worked in the same way as for a part-time worker.

 

Good communication between the job share partners is critical to the success of the job share. Hand-over arrangements will be incorporated into the contract and will be within paid hours. It is expected that job share partners will be flexible in providing cover for the other partner’s absences on annual leave etc when possible. 


 

3.2.1    Vacancies

 

All advertisements for posts of 30 hours and above will be advertised for consideration for job share unless the recruiting manager can prove a case to the contrary. When applying for a post as a job share the procedure below should be followed.

 

3.2.2    Existing Posts

 

Existing full time staff who wish to propose that the post they currently occupy become a job share should formally apply to their manager.

 

Where the manager agrees, unless the application has already been made by 2 people proposing to share a post, CWPC will advertise for the remaining job share partner.  CWPC’s recruitment and selection procedure will be followed. Only when a suitable job share partner is found will the post become a job share.

 

3.2.3    Selection Procedure

 

CWPC recruitment and selection procedure shall apply for job share posts. Both partners of the job share must fulfil at least the minimum requirements for a post.

 

Job share candidates will be interviewed separately.

 

In determining the suitability of a job share partnership, the selection panel must be satisfied that the proposed pattern of working meets the demands of the post.

 

3.2.4    What happens when a job-share partner leaves

 

When a job share partner leaves the following options will apply:

 

The remaining job share partner will have the option to take on the full hours of the post

or 

CWPC will advertise for a suitable job share partner

 

If a suitable job share partner is not found, then it may be necessary to recruit to the full hours of the post.  In those circumstances the remaining job share partner will be subject to the provisions of CWPC Redundancy Policy.

 

3.3    Term-Time Working

 

Term time working is attractive in the main to parents with children who are of school age.

 

It is recognised that in some circumstances the ability to fill a vacancy on a term time only contractual basis may aid recruitment and be preferable to leaving the post vacant.

 

Any member of staff may apply to work on a term time only basis. Managers will endeavour to accommodate such requests wherever reasonably practical, however, the needs of the Council and Councillors may mean that it is not appropriate or possible.

 

The manager will hold discussions with the team to ascertain whether such arrangements can be accommodated and adequate cover arrangements put in place.

 

Hours worked and annual leave are calculated pro rata to the full year entitlement the salary is then paid in equal monthly instalments throughout the year. Under normal circumstances annual leave is expected to be accounted for during school holidays but it is recognised that individuals may need to negotiate part of their annual leave to be taken at other times of the year in which case they would work partly in school holidays or take unpaid leave.

 

Arrangements will generally be individually agreed by the manager and member of staff and will be reflected in the contract of employment.

 

3.4    Homeworking

 

Working primarily from home involves an employee of CWPC carrying out their role from a home base rather than the CWPC office.  

 

CWPC recognises that on occasions it is appropriate for staff to work at home.

 

Staff may apply to work from home, however, it may not always be practical to accommodate such a request. Managers will endeavour to accommodate such requests wherever reasonably practical.  

 

The needs of the Council and Councillors may mean that it is not appropriate or possible for a particular post holder to work from home.

 

In considering and supporting homeworking, managers should take account of the following:

  • There should be no adverse effects on the level, cost and quality of service

  • The work should be able to be carried out without face to face contact or direct     supervision.

  • For homeworking to be granted it should not be necessary for the member of staff to be available/accessible at their base at short notice.  

  • The homeworker may be required to attend meetings, training, and supervision etc at CWPC office in accordance with the demands of the post.

  • There should be no increase in workload for others as a result of a member of staff working at home.

  • It must be safe for the work to be carried out at home.

  • Arrangements should be made to protect confidential information.

  • A homeworking agreement may include a requirement that a minimum number of days are spent working at the CWPC office.

Homeworking should not incur additional costs for CWPC.

 

A request to work from home may initially be agreed on a trial basis to ensure that it is practical.  The Council will determine if the arrangement is acceptable in the longer term.

 

3.4.1    Health and Safety

 

Individual employees have a responsibility for their own health and safety and that of others.

 

Managers should ensure that there are no specific health and safety risks around the employee working at home and that adequate risk assessments are completed and kept up to date.  This requires the manager of a homeworker to visit their home at least annually to carry out an updated risk assessment.  

 

Staff must at all times seek the prior permission of their manager to work at home and to take CWPC property out of the office.

 

Provided that permission has been granted for a member of staff to work from home when the occasion arises and to take property (e.g. laptops) out of the office, the logistics for this with regard to equipment and insurance will be discussed with the individual at the time.


 

3.5    Career Breaks

Employees may request an unpaid career break of between six months and five years duration.  

 

An employee who wants a career break needs to make the request to their manager before resigning from his/her employment. Career breaks are granted at the Council’s discretion and may be refused if there are any conduct or capability issues that would make the re-employment of the individual undesirable or if there are unlikely to be suitable positions available within the Council upon the expiry of the career break. 

 

If a career break is agreed by the Council it entitles the individual to return to work for CWPC at the end of that break in an equivalent position subject to the availability of a suitable post.  

 

It is the responsibility of the former employee to contact CWPC at least two months before the end of their career break to enable the Council to determine the availability of a suitable post. If the individual does not contact CWPC within the required period of time the right to return to work is lost. Council determine what posts are considered suitable.  

 

The member of staff is required to resign in order to be granted a career break and there is no continuity of employment upon return to work, however, individuals on CWPC terms and conditions of employment will be entitled to terms and conditions that are no less favourable than their former terms and conditions upon their return to work. 

 

If there are no suitable posts available for an individual upon the expiry of their career break then their original resignation will stand.