Right to request flexible working arrangements

1)     The policy applies to all employees, regardless of length of service, contract type, job role or reason to ask for flexible working.

2)     This policy addresses the statutory requirement to consider requests for flexible working for any reason.

3)     Two flexible working requests can be submitted in a 12 month period.

4)     An employee may have only one live request for flexible working at any one time. Once a request has been made, it remains live until any of the following occur:

• a decision about the request is made by the employer
• the request is withdrawn
• an outcome is mutually agreed
• the statutory two-month period for deciding requests ends (see section C, point 8)

A request continues to be live during any appeal or any extension to the statutory two-month decision period that the line manager and employee may have agreed.

5)     Requests for flexible working arrangements can be made on a permanent basis or for a temporary specified period dependent upon the circumstances of the case.  There is a presumption that any temporary arrangement will last no longer than 12 months.

6)     All requests must be made in writing using the appropriate application form and submitted to the line manager.  The employee must specify the requested change to their working pattern, hours, or location, and the date the employee would like the change to come into effect.

7)     All requests, including any appeals, must be decided, and communicated to the employee within a period of two months from when the line manager first receives the request, unless an extension has been agreed.

8)     To this end, timescales are set out in the policy which if followed, will enable the process to be completed within the prescribed two months.

9)     These time limits may be extended by agreement between the line manager and the employee.  In all instances if an extension is agreed, the line manager will confirm this in writing to the employee.

10)  The Acas statutory Code of Practice on requests for flexible working provides guidance to employers and employees on the statutory right to request flexible working and is recommended to managers. The guide is accessible on the Acas website: www.acas.org.uk

11)  It does not apply to school-based employees, although Governors are encouraged to adopt a similar procedure to suit the organisation of the school.  (The Governors are, of course, obliged to meet the requirements of the legislation).

1)     Employees wishing to submit a flexible working application must complete the appropriate application form and send it to their line manager for consideration. The form at Appendix 1 should be completed relative to a request to change to a working pattern which increases or decreases the total hours worked. The form at Appendix 2 should be completed if the request relates to a change of work pattern and/or base location but the total hours worked remains the same.

2)     The line manager must arrange a meeting to consider the request.  The meeting should be held without unreasonable delay and must take place within 10 working days of receipt of the written request.  The employee and line manager should have reasonable time to prepare for the discussion, while taking into account the statutory two-month period for deciding requests including any appeal. 

3)     The purpose of the meeting will be to explore in detail the request and how the proposed working arrangements may be accommodated.  If it is considered that the proposals are not practicable alternative arrangements can be explored. Requests can be agreed in principle but are subject to approval (see point 5 below).

4)     In handling a request, and any information that the employee discloses as part of that request, line managers must not discriminate unlawfully against the employee in relation to any of the protected characteristics set out in the Equality Act 2010¹.  If unsure further advice should be sought from Corporate HR.

5)     Any changes in working hours must be approved by Finance and the appropriate Executive/Assistant Director as there are budgetary implications. If working arrangements are agreed in principle at the meeting, the line manager must complete an Establishment Control Form (Amendment to Existing Post) and send it to the Establishment Control Mailbox and once checked the form will be sent onto Finance then the appropriate Executive/Assistant Director for approval.  Establishment Control will send notification to the line manager.  NB. Any changes when the total hours worked remain unchanged relative to change of working pattern and/or change to base location only do not require an ECF and can be agreed by the line manager.  Any such changes should be confirmed in writing to the employee.

6)     If the change to working hours is approved by Finance and the appropriate Executive/ Assistant Director the Transactional HR team will write to the employee to confirm the change to working pattern and the start date. 

7)     If the request is rejected, either at the initial meeting or during the Establishment Control approval process, the written decision must be sent to the employee by the line manager within 10 working days of the meeting and should clearly explain the business reason(s) as set out below. It should also set out any additional information which is reasonable to help explain the decision.

• the burden of additional costs
• detrimental effect on the ability to meet customer demand
• inability to re-organise work amongst existing staff
• inability to recruit additional staff
• detrimental impact on quality or performance
• insufficient work available for the periods the employee proposes to work
• planned structural changes

8)    In some circumstances the line manager may need an extended period of time to adequately consider the request and assess the possibility of re-organising working arrangements.  Where it is considered that an extended time period will be required, this should be agreed at the meeting and confirmed in writing to the employee, e.g. attempts to recruit additional staff (subject to point 5 above).  However, a written response can be provided, within 10 working days of the meeting, advising of the arrangements which will be put in place to try and address the situation.

[1] The Equality Act 2010 prohibits discrimination because of protected characteristics. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation.

1)    If the employee is not satisfied with the written explanation and is not satisfied that the business reason(s) apply to their case, then the employee has the right of appeal against the line managers’ decision.

2)    An appeal must be submitted to the Assistant Director within 10 working days of receipt of the written decision unless the line manager is the Assistant Director then an appeal must be submitted to an alternative Senior Officer (an alternative Assistant Director or Director) using the appropriate form in Appendix 4.

3)    An appeal hearing will be arranged and held without unreasonable delay and will take place within 10 working days of receipt of the appeal submission.  Where this timescale cannot be met all parties must be advised.

4)    The Assistant Director/Senior Officer will be advised at the appeal hearing by a member of the Corporate HR Department.

5)    Prior to the appeal hearing the Assistant Director/Senior Officer will be provided with a copy of the original request and the line manager’s written response.

6)    At the appeal hearing the employee will outline his/her grounds of appeal and highlight why he/she feels the manager’s “business grounds” for refusing the request are flawed.  The manager will outline the reasons for the decision.

7)    The Assistant Director/Senior Officer will consider the case and confirm his/her decision in writing to the employee within 5 working days. taking into account the statutory two month period for deciding requests (see section B, point 7). The decision should make clear what has been decided and why. The Assistant Director/Senior Officer may:

• uphold the decision
• make proposals/recommendations and refer the matter back to the line manager/ employee/Establishment Control Team for further consideration
• reject the decision and uphold the request (subject to approval of the Establishment Control Form by Finance and the appropriate Executive/Assistant Director)

8)    No further right of internal appeal exists.

1)     The employee is entitled to be accompanied at all stages of the procedure by a trade union representative or work colleague (this does not extend to legal representation).

2)     In all cases the request process must be completed within 2 months of first receiving the original request from the employee.

3)     Changes to the specified timescale must be agreed jointly.  If no agreement is reached and the matter has not been dealt with within the specified time limits the employee will be entitled to advance to the appeal stage.

4)     The operation of this procedure will be the subject of review by the Head of HR and Workforce which may result in changes, subject to consultation with the Trade Unions and other appropriate parties.

5)     Any employee wishing to reduce their hours must be aware that, if a redundancy situation arises, a reduction in hours will significantly affect their redundancy payment.

6)     Approved permanent and temporary working arrangements relative to a change to a working pattern which increases or decreases the total hours worked must be authorised by Finance and the appropriate Executive/ Assistant Director) on the Establishment Control Form. Transactional HR will confirm the details in writing to the employee. 

7)     Agreement should be made where possible to take outstanding leave accrued whilst on full time hours before a part time contract takes effect.

Sefton Council has approved “in principle” a range of Flexible Working Arrangements.

Approval is “in principle” as there are a number of arrangements that can be considered and each one will depend on an individual’s circumstances, the job they are doing and other considerations.

The following are examples of flexible arrangements.

Part-time

A part-time worker is someone who works fewer hours than a full-time worker. 

Job Sharing Scheme

Job Sharing is when two people share the duties, responsibilities and hours of one post.

Compressed Working Week

This is an arrangement when normal full-time hours are worked over, for example, four days a week.

Term-Time Only Working

This is self-explanatory and is of clear benefit to employees with school age children.

Annualised Hours

In this arrangement the hours normally worked throughout the year are arranged to a pattern that best suits the employee and the job.