FLEXIBLE WORKING TOOLKIT GUIDANCE DOCUMENTS ..., Lecture notes of Business

Download FLEXIBLE WORKING TOOLKIT GUIDANCE DOCUMENTS ... and more Lecture notes Business in PDF only on Docsity! Flexible Working Toolkit May 2015 FLEXIBLE WORKING TOOLKIT GUIDANCE DOCUMENTS The following documents are for guidance only and may be amended by SMBC from time to time. They are not, nor intended to be, incorporated into individual contracts of employment. INDEX 1. TYPES AND BENEFITS OF FLEXIBLE WORKING ARRANGEMENTS 2. The Right to Request Flexible Working Application Form 3. Template Letter – Acknowledging Receipt of Flexible Working Request and Invitation to Meeting 4. Template Letter – Extending Time Limit 5. Template Letter – Agreeing to an Employee’s flexible working request 6. Template Letter - Decline a Request for Flexible Working 7. Frequently Asked Questions 8. AGENDA FOR FLEXIBLE WORKING MEETING 9. Attitudes to flexible working 10. Business Reasons to consider following a request to work flexibly Flexible Working Toolkit May 2015 Guidance Document 1 TYPES AND BENEFITS OF FLEXIBLE WORKING ARRANGEMENTS Flexible working covers a wide range of options offering the employee flexibility in arranging work-life balance. The following list is not exhaustive and flexible working may involve one or more of the following working patterns. JOB SHARING Job sharing is an arrangement whereby two part time employees share the responsibilities of one position. For further information on job sharing in Schools please refer to Job Sharing Guidance Benefits It allows employees more time for caring responsibilities or other commitments. Working regular and defined times, allows employees to make arrangements in his/her free time in advance. Can allow an employee to ease into retirement (please note, however, there may be pension implications which would need to be considered). The retention of trained and experienced employees. The recruitment of skilled and knowledgeable people who are able to work reduced hours. Two individuals may bring increased skills and expertise to the position. Peak periods of demand can be covered by flexible hours when the two individuals work simultaneously. Periods of absence such as sickness and annual leave can be covered. PART TIME WORKING Part time working is when an employee is contracted to work fewer than the standard number of contractual hours (i.e. 37 or 32.5). There can be a wide variety of part time working patterns, i.e. later start/finish times, working mornings or afternoons only and working fewer days in the week. Benefits An employee can fit paid work around childcare and other commitments. Flexible Working Toolkit May 2015 Guidance Document 2 The Right to Request Flexible Working Application Form Note to Employee This form should be used to make an application to work flexibly under the Council’s Flexible Working Policy. You should note that under the right it may take a number of weeks for a request to be considered and implemented and possibly longer where difficulties arise. You are required to submit your application to the appropriate person at least 3 months in advance of the date you wish the request to take effect. It will help your manager 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 the form, 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 manager (you are also advised to keep a copy for your own records). Your manager will then have 20 working 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 Manager This is a formal application made under the legal right to apply for flexible working and the duty on employers to consider applications seriously. You have 20 working 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 template letter provided in the policy. Flexible Working Toolkit May 2015 FORM FOR MAKING A REQUEST FOR FLEXIBLE WORKING Name of employee: Directorate/ Team : Employee Number To be eligible to make a request for flexible working, you must have 26 weeks' continuous service with Solihull MBC. If you are uncertain whether or not you are eligible to make a request, please contact HR Adviser. You can make only one request in every 12-month period. Start date with the Council: Date form submitted: Previous applications for flexible working Have you submitted a previous request for flexible working? (If yes, please answer the next question.) Yes No When did you submit your last request for flexible working? I wish to submit a request for flexible working as detailed below. Please provide the reason for your request for flexible working. Please set out your current hours of work and working pattern. Please set out the pattern of working or working arrangement that you are seeking. I would like the above change(s) to my working arrangement/ pattern to take effect on: Flexible Working Toolkit May 2015 Impact of the new working arrangement : Please state the effects that you think the changes you are requesting will have on the Council's ability to run its services and on your department, your colleagues etc. Accommodating the new working arrangement : Please state how you think any such effects might be dealt with. Once you have submitted a valid application for flexible working, your manager/ head teacher will contact you to arrange a meeting, which will take place within 20 days of the application being submitted, to discuss how the pattern of working you have requested might be made to work. If your request is granted, it will mean a permanent change to the terms and conditions of your employment, unless agreed otherwise. It will help us to deal with your application if you provide as much information as you can about your desired working pattern. It is also important that you complete the questions about the effects that you think the changes you are requesting will have on the organisation and your colleagues. Signed: Date: Flexible Working Toolkit May 2015 Guidance Document 5 Template Letter – Agreeing to an Employee’s flexible working request (Please note, this is for HR use only). Dear (Employee) Further to your meeting with xxxxxxx to discuss your request for a change to your working arrangements, I am pleased to confirm that your request has been approved. I can confirm that, with effect from (date) the terms of your employment contract will change. Your working pattern will be (details). These new agreed terms represent a permanent variation to your contract of employment. Formal requests for flexible working cannot be made more frequently than once every 12 months so you may not make another request until [date]. Please sign the attached copy of this letter and return it to [name] to indicate your agreement to the changes detailed above within 10 working days. Yours sincerely Flexible Working Toolkit May 2015 Guidance Document 6 Template Letter - Decline a Request for Flexible Working Dear (Employee) Further to your meeting with xxxxx to discuss your request for a change to your working arrangements. Having given the matter thorough consideration I regret that I am unable to agree to your request. The reason(s) for this is/are set out below (Note to manager: there may be one or more reasons for refusing the request and there must be additional detailed evidence to support the reason for declining the request).  Impose an unreasonable burden of additional costs on the Council/ School.  Have a detrimental effect on the Council’s/ School’s ability to meet customer demands.  Have a detrimental impact on quality.  Have a detrimental impact on performance.  Create unacceptable difficulties for the Council/ School as we have been unable to make arrangements to reorganise the work amongst other staff.  Create unacceptable difficulties for the Council/ School due to an insufficiency of work during the periods you proposed to work.  Be inappropriate due to planned structural changes. You requested (outline proposal). Unfortunately, agreeing to this/these change/s would (list the appropriate points and expand on them with evidence as necessary):- The reason why this is relevant to your application for flexible working is (explain further why the employee’s request is not workable). You have the right to appeal against the decision to refuse your request for flexible working. If you wish to appeal, you must do so in writing within 10 working days of receipt of this letter to (name and job title). Your letter requesting an appeal hearing must set out the grounds on which you wish to appeal against the decision as outlined above. Yours sincerely Flexible Working Toolkit May 2015 Guidance Document 7 Frequently Asked Questions Q1) What is flexible working? A1) Flexible working includes part time working, staggered hours, compressed working hours, job sharing, shift working, shift swapping, self-rostering, term time working, annualised hours.. Q2) To what extent should an employer consider a request to work on a job share basis? A2) Employers should not dismiss any flexible working requests without due consideration. It is important that an employee may be able to claim discrimination. The employer should take reasonable steps to find a job share partner. Q3 Do I have to give a reason for my request for flexible working? Q3 Whilst it is not a statutory requirement to provide a reason, we continue to ask the question so that we can understand the employee’s needs can assist us in suggesting a way in which those needs can be met and also ensures that we are not indirectly discriminating against employees Q4) Can an employer turn down an application for flexible working if the employee’s role involves managing staff? A4) Employers should explore the possibility of flexible working whatever the job role Q5) I have more than 26 weeks continuous local government service, but am a new employee to Solihull Council, can I apply for Flexible Working? A5) No you must have worked for Solihull Council for 26 weeks. Q6) Can I apply for flexible working to care for a relative who lives overseas? A6) It is unlikely that this would be the best option to care for relatives living overseas. It would be more likely that an employee would request a block of paid/unpaid leave which would depend on service needs. Flexible Working Toolkit May 2015 GUIDANCE DOCUMENT 9 Attitudes to flexible working Managers/ head teachers should remember: An employee's request to change his or her working hours does not mean a reduction in that person's commitment to the job or to the organisation. The number of hours that someone works is not nearly so important as the quality of the work performed during those hours. Evidence suggests that long working hours have a negative impact on employees' motivation, performance and wellbeing. Evidence suggests that a long-hours culture and lack of flexibility can adversely affect an employer's ability to recruit and retain skilled staff. Giving employees a reasonable degree of choice over their working hours and patterns is likely to bring substantial benefits to them in terms of their health, wellbeing, reduced stress levels and quality of work-life balance. Giving employees a reasonable degree of choice over their working hours and patterns is likely to bring substantial benefits to the employer in terms of a more motivated, energetic, loyal and productive staff. Flexible Working Toolkit May 2015 GUIDANCE DOCUMENT 10 Business Reasons to consider following a request to work flexibly Any request to work flexibly must be considered objectively and the Council/ school can only refuse them if there are business reasons for doing so. These business reasons are set out in legislation and are:  The burden of any additional costs ie unacceptable to the organisation In considering this, managers should reflect on the proposal’s less obvious savings such as a reduction in overheads from homeworking arrangements or better coverage of service. Solihull is a large employer and therefore it may be difficult to defend on the basis of cost, for example increased payroll costs.  An inability to reorganise work amongst existing staff. The Council/ school should consider the cost of recruiting additional staff against the potential cost of losing the existing member of staff making the request. Also consider talking to the team about any reorganisation of work where appropriate. The employee may have particular skills or technical knowledge that other team members may not have and therefore may place unreasonable pressures on other staff if the request was granted. However the manager/ head teacher must consider what the implications would be if the employee chose to leave. This may create training and development opportunities for existing staff.  Inability to recruit additional staff. The manager should explore whether other colleagues would be happy to rearrange their working patterns to accommodate the request, or they may wish to try to recruit internally or externally to accommodate the proposed new working arrangements.  The change will have a detrimental impact on quality Managers should look carefully at the skills and potential of other employees when considering this reason. With training and development opportunities, many staff can acquire the new skills required.  The change would have a detrimental effect on the business’ ability to meet customer demand. When considering the impact on the business of a flexible working arrangement, the manager/ head teacher could consider a trial arrangement for Flexible Working Toolkit May 2015 a fixed period to see if it is sustainable over the longer term. Alternative working practices may also be considered.  Detrimental impact on performance Performance can mean of the individual, the team or the whole organisation. For example a request for homeworking may not be appropriate where team working is key to the delivery of a service or where a manager may need to ensure appropriate behaviours or working practices are observed amongst his/her staff.  There is insufficient work during periods the employee proposes to work. The manager would need to consider the likely impact on service delivery where the proposed working pattern sits outside of “normal working hours” e.g. the school day/ hours of a front line service, or where there is inadequate demand.  Planned structural changes, for example, where the employer intends to reorganise or change the business and considers the flexible working changes may not fit in with these plans. If the manager has plans to make changes to the service then it would be good practice to share these with employees as it could help them to see opportunities through flexible working to make the business more effective. Avoiding unlawful discrimination In considering these business reasons the manager/ head teacher must be careful not to inadvertently discriminate against particular employees because of their protected characteristics’ such as where flexible working arrangements would be a reasonable adjustment for a disabled employee. A manager/ head teacher should also be careful not to directly or indirectly discriminate against employees, for instance, when dealing with requests from employees with childcare responsibilities. 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. A manager/ employer must ensure that part-time workers are treated consistently with other workers. The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 make it unlawful to treat part-time workers worse in their contractual terms and conditions than comparable full time workers, unless treatment can be justified on objective grounds. Source: Handling requests in a reasonable manner to work flexibly; An Acas guide.