Flexible Working Guidelines: Employee Rights and Processes, Lecture notes of Business

Download Flexible Working Guidelines: Employee Rights and Processes and more Lecture notes Business in PDF only on Docsity! University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 1 Flexible Working Guidelines University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 2 Contents Briefing Note (1) ............................................................................................ Error! Bookmark not defined. Introduction ....................................................................................................................................................... 3 The Process at a Glance ............................................................................................................................... 4 Step by Step Guide: ........................................................................................................................................ 5 Dealing with Flexible Work Requests .......................................................................................................... 5 Employee Rights & Responsibilities ............................................................................................................. 7 Benefits of Flexible Working .......................................................................................................................... 7 Types of Flexible Working.............................................................................................................................. 7 Statutory Grounds for Refusing a Request for Flexible Working ............................................................. 8 Frequently Asked Questions….. ................................................................................................................... 9 How To….. Lead an effective meeting ....................................................................................................... 11 How To….. Manage Homeworkers ............................................................................................................ 14 External Sources of Guidance .................................................................................................................... 18 Forms & Letters ............................................................................................................................................. 19 University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 5 Step by Step Guide: Dealing with Flexible Work Requests Here is a summary of the step by step guide that you should follow to make sure the flexible work requests are dealt with: Step 1 Receive Request You may have had early discussions with the employee prior to them submitting their formal request, however, once you do receive it, you should; • Send them a brief acknowledgement • Thank them for the request • Let them know you will be in touch to arrange a meeting to discuss their request Remember, some employees may feel anxious about their request as it could be a significant change for them! Step 2 Invite Employee to a meeting It is good practice to invite the employee to a meeting to discuss their request, even if you are already know that you can agree to the request. If you are going to approve the request and don’t necessarily need any more information from the employee, the meeting can be informal. Where you have deemed it appropriate to discuss the application in more detail before making your decision, you can use template letter to invite the employee to the meeting. Remember, employees have the right to be accompanied to this meeting by a trade union representative or other colleague of their choice. Step 3 Prepare for the meeting Before the meeting takes place, take time to think about and give consideration to the request: • Think about the potential benefits or the impact of the proposed way of working, not just for the employee but for you team/department as a whole • Consider any initial information such as current work patterns of other team members, future work plans and workload for the team/department • Dare to be Different and be creative! Try to accommodate requests • Don’t make any judgements before you have spoken to the employee – you might not know the full circumstances surrounding the request. Top tip…… Top tip ……..Top tip………… Top tip…… There may be employee who have caring responsibilities and whilst the legislation no longer requires this to enable a flexible work request, bear in mind the additional support carers may need! University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 6 Step 4 During the meeting The purpose of the meeting is to: • Have practical discussions with the employee regarding their request • To give full consideration of the request and any implications to the employee and team/department/school • Fully explore flexible work options or alternative proposals • Enable a balanced decision to be made based on the needs of the University and the employee Step 6 Communicate the decision You should confirm your decision as soon as possible and try not to leave the employee waiting for an outcome. The legislation states requests must be dealt with within 3 months of receipt, but be careful as this includes the appeal procedure too. If you are accepting the request, you can use template letter: (Letter confirming Flexible Working Request). If you are refusing the request, you can use template letter: (Letter Confirming Outcome of Meeting – Refusal). If you are refusing, remember they have a right to appeal and the details of this are contained within the letter. Step 5 Things to consider when making your decision Before you make and communicate your decision, you should: • Fully consider the impact the decision will have on the employee • Be confident that you have fully considered the employees circumstances and their needs, as well as those of the team/department/school • Considered the request on its own merit • Consider any budgetary impact if for e.g. an employee is reducing their hours • If you are in doubt, consider the application on a trial basis, this will give you and the employee the opportunity to see how it works in practice. Top tip…… Top tip ……..Top tip………… Top tip…… There may be other employees already working flexibly, you could consider team flexible working and propose alternative arrangements that could accommodate the team. Remember though, you can’t force anyone to work a new work pattern! University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 7 Employee Rights & Responsibilities Employee Rights • To be accompanied at any formal meeting (or informal meeting if they wish) • To have the right of appeal if the request cannot be accommodated Employee Responsibilities • To consider various flexible working arrangements in making an application and to set out how the request can be accommodated within the needs of the department/school. • To be willing to compromise over possible solutions • To consider full the financial implication of any change Benefits of Flexible Working There are a number of benefits of flexible working, some of which are highlighted below: • The retention of skilled and experienced employees • Improve employee engagement, morale, commitment and motivation • Enhanced recruitment by appealing to a more diverse workforce • Reduced levels of absence • Higher levels of productivity • Enhanced reputation, leading the way on becoming an employer of choice. Types of Flexible Working Flexible working describes any work pattern adapted to suit individual needs, some of the more common types are listed in Table 1 below: Table 1: Examples of Flexible working Type of Flexible Working What this means Part-time Working/Reduced Hours Working less than the normal hours by possibly working less days per week Staggered Hours This can provide flexibility where it is possible to vary normal starting, finish and break times. Job Sharing Part time working where two people share the responsibility for the same job. Compressed Working This is the working hours are allocated to possible working more hours per day but fewer days in the week. Term-time Working only during University semesters. Annualised hours Working an agreed number of hours over the course of the year, but those hours can be spread unevenly throughout the year. This allows for increased hours to be worked at busiest periods and fewer hours at quieter times. University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 10 Q3. Which employees are eligible for the statutory right to request flexible working? A3. To be eligible to make a statutory request for flexible working, an employee must have at least 26 weeks' continuous service with the employer at the date of the application. However, through consultation with the trades unions, the University of West of Scotland has removed this qualifying criteria and it is now a day 1 right. Prior to 30 June 2014, employees were eligible to make a statutory request for flexible working only if the purpose was to carry out certain caring responsibilities. This requirement no longer applies. Q4. If an employer agrees to a flexible working request, does it have to issue a new contract of employment to the employee? A4. If an employer agrees to a flexible working request, since the parties will be agreeing a change in terms and conditions of employment, the employer should issue a written statement of the change under s.4 of the Employment Rights Act 1996. Where the change is an extensive one, the employer may decide to issue a revised contract to the employee to avoid any confusion about what the new terms are, but there is no legal requirement to do this. Q5. What is a statutory flexible working request? A5. A statutory flexible working request is a request that satisfies the requirements of s.80F of the Employment Rights Act 1996. It is a request from an employee to make a change to his or her terms and conditions of employment relating to: • the hours that he or she is required to work; • the times when he or she is required to work; or • the place where he or she is required to work (as between his or her home and the employer's place of business). The request must state that it is a request under s.80F, specify the change being sought and the date when the employee proposes that it should take effect. The request must also explain what the employee thinks the effect of the change will be on the employer's business and how that effect may be dealt with. Employees are allowed to make only one request in any 12-month period. University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 11 How To….. Lead an effective meeting Leading meetings is an important aspect of a manager’s role. Whether your meetings are formal and structured, or informal and flexible, following the advice in this guide will help you lead them effectively. Make the necessary arrangements • Try to hold the meeting at a time and date that is convenient for all participants. If you use shared calendars in your organisation, it is a good idea to take a look at your attendees’ schedules to make sure that your proposed meeting time doesn’t clash with any of their other appointments. If anyone is dialling in to the meeting from another country, be considerate of any time difference there may be. • Think carefully about how long your meeting will take, allowing an extra 15-20 minutes for questions and answers. • Identify the best medium for your meeting (e.g. face-to-face, teleconference, video call) and make sure an appropriate location for the meeting is booked for the necessary amount of time well in advance. • Make sure your chosen meeting location has all the equipment and facilities you might need (e.g. flip chart, projector etc). Be prepared • Create an agenda for your meeting. Even if you choose not to follow it rigorously at the time, having a written note of all the items you want to discuss will help you stay on track. • Agendas should clearly indicate the nature of each item to be discussed in the meeting, the required outcome, the time allocated for it, and the name of the attendee who will be introducing it. • Prioritise the agenda points so that the most urgent and/or critical items are discussed first. • If appropriate, invite attendees to suggest their own agenda points and submit their questions for the meeting a few days before the meeting. This will help to ensure all the necessary items are discussed and that attendees are engaged and feel involved with the meeting. • Circulate the agenda to all attendees two to three days before the meeting, to allow them to prepare. It is also a good idea to send the attendees any other documentation that you intend to use in the meeting (e.g. reports, spreadsheets) along with the agenda. • All key issues, decisions and action items should be captured in concise, accurate minutes. If another attendee is acting as minute-taker, spend some time with them before the meeting to explain how you would like the minutes to be recorded. Choose the right style • As part of your preparation, consider how formal your meeting should be. • Informal meetings can be particularly effective for holding regular group discussions, for discussing non-critical issues or for leading meetings with fewer than 10 participants. Formal meetings, however, are more appropriate for addressing serious or critical issues (e.g. the organisation’s performance or finances) or for leading meetings where there are several (i.e. 10 or more) attendees. • In formal meetings, the agenda is closely followed and attendees tend to participate at pre-defined points of the meeting, or when invited to do so by the chair. • In informal meetings, the agenda is used as a loose guide to help everyone in the meeting stay on track. An appointed meeting leader or chair opens up the discussion but attendees are generally able to contribute to the conversation more freely than they can in formal meetings. University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 12 Get the meeting off to a good start • At the start of less formal meetings, you may wish to consider allowing a couple of minutes to allow attendees to settle down and gather their notes together. However, for more formal occasions, such as board meetings, or when time is in short supply, it may be more appropriate to get the meeting under way as soon as possible. • When you are ready to start the meeting, thank the participants for attending, and set some context before addressing the first agenda point: remind everyone why you are meeting and what the anticipated outcomes of the session are. Adopt a clear communication style • As the leader of the meeting, it is important to articulate messages, ideas and opinions clearly and succinctly, and encourage others to do the same. • Avoid relying too heavily on technical terms, jargon or slang. • Always address participants politely and respectfully, and respond sensitively to their ideas and suggestions. • Use positive language during the meeting. This involves phrasing requests, ideas and questions in a positive way, e.g. suggesting solutions to problems, helping and encouraging others and focusing on what can be done, rather than what can’t. This will help to foster a positive environment within the meeting, and will encourage attendees to participate more actively. Listen carefully • When others are speaking, it is important to pay close attention and demonstrate that you are listening to what is being said. This involves maintaining eye contact with the participant who is speaking, nodding to show understanding, and not becoming distracted by anything else around you. • Further advice is available in Top Tips for Successful Virtual Meetings. • Keep an open mind when others offer their ideas and suggestions. Even if you feel confident you know what particular participants are going to say, it is still important to allow them the chance to speak and to give their views due consideration. Encourage participation • As the meeting progresses, it is likely that different attendees will contribute their thoughts and opinions at various intervals. However, some participants may not feel comfortable with offering their thoughts unprompted. It is therefore a good idea to ask from time to time whether anyone has anything to add or suggest before progressing on to the next agenda point. • Encourage attendees to ask questions and test their understanding as the meeting progresses. Drive the meeting forward • Be firm, but flexible. As each agenda point is discussed, new issues or topics of discussion are likely to arise. If these are relevant to all the attendees and are pertinent to the objectives of the meeting, it is a good idea to explore these new topics, if you have time. However, it is also important to ensure that the discussion does not stray too far from the planned agenda. If this happens, suggest that you discuss these issues with the relevant individuals after the meeting. • Ensure that there is a logical process for making decisions during the meeting. If decisions are to be reached by mutual consent, check that everyone is in agreement with a proposed solution before moving on to the next agenda point. University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 15 An employee has the right to request flexible working. This includes a request to work from home. Employers are under a duty to handle such requests in a reasonable manner. The requirement for the employee to be the parent of a child or the carer of an adult was removed on 30 June 2014. Where homeworking is agreed under the right to request flexible working provisions, the change to the employee's terms and conditions is permanent, unless the parties agree otherwise. Contractual arrangements Employees should be asked to agree to new terms and conditions of employment before commencing homeworking. The new contract should contain the appropriate provisions and protections to make the new arrangement work, although the terms and conditions on general issues such as pay and holiday will remain the same. The provisions that will usually need to be considered are set out below. Place and hours of work The employee's contract may need to specify a new place of work. It should also specify on which days the employee is permitted to work from home and whether or not he or she needs to obtain line-manager approval before changing those days, either permanently or temporarily. If the employee is expected to work at home at times that differ from the office-based work arrangement, the hours should be clearly set out in the contract. If the employee is required to be available by telephone or email during working hours this should be stated. Equally, the employee needs to know on what basis his or her line manager is contactable. The employer should also ensure that the employee has put in place adequate arrangements for the coordination of work, including the collection and delivery of work between the employee's home and the office where this cannot be done electronically. The employer should advise the employee of any specific holiday and sick leave arrangements for homeworkers, such as the notification and reporting procedures. Provision of equipment and costs incurred If the employer provides the employee with office and systems equipment, such as a computer, desk and chair, telephone and printer, it should ensure that he or she has been trained to use it properly. The employer should stipulate that the employee use the equipment only for business purposes, and make it clear that the employee is under a duty to take reasonable care of the equipment and to report any faults as soon as reasonably practicable. It is advisable for the employer to ask the employee to sign an agreement that identifies the equipment on loan and states that he or she will return it to the employer on termination of the employment, for whatever reason. There will need to be agreement about which party will bear any costs arising from the homeworking arrangement, such as telephone and broadband charges, and increased electricity costs. From a tax perspective, employers are able to pay up to £4 per week towards the additional household costs of an employee who works from home without any supporting evidence of the costs that the employee has incurred. Above that level, the exemption is still available, but the employer must provide supporting evidence that the payment is wholly in respect of additional household expenses incurred by the employee in carrying out his or her work duties at home. Insurance The contract of employment should specify who is responsible for insuring the employer's equipment when it is in the employee's home. The employee should also be required to check whether or not he or she needs to inform the household insurer of the new homeworking arrangements. A general household insurance policy is unlikely to cover expensive business equipment or the employee's liability if someone is hurt while visiting his or her home for business University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 16 reasons. If higher premiums are payable because the employee's home is being used for business purposes, the parties should agree who will bear this additional cost. Employees using their own equipment for work purposes should check whether or not such use is covered by their household insurance policy. Health and safety Employers have a general duty regarding the health and safety of employees, whether they are working on site or at home. The general duty is qualified by the principle of "so far as is reasonably practicable". Employees must take reasonable care of their own health and safety and that of others who may be affected by what they do or do not do (for example, family members and visitors in the case of homeworkers). They must also cooperate with the employer on health and safety issues. It is an employee's responsibility to report employment-related hazards to his or her health, but the employer is responsible for equipment that it supplies. The employer has an obligation to carry out a risk assessment of the employee's work environment and activities at home. This can be done by the employee, but he or she will need to be trained. The risk assessment will usually involve completion of a form. It should include identification of the hazards that are present, assessment of the extent of the risks, and decisions on how to manage the risks to comply with health and safety law. It is, nevertheless, advisable for the employer to retain the contractual right to visit the employee's home in certain circumstances, for example to resolve any issues identified in the risk assessment or if the employer has other health and safety concerns. Ideally, the homeworker should have a separate study or an area of a room set aside for his or her work that is sufficiently large to accommodate all the necessary furniture and equipment. Where the employee is to provide items of office equipment, the employer will need to ensure that they are encompassed by the risk assessment. Confidentiality, security and data protection Employees who work from home are likely to have access to a large amount of computer- and paper-based confidential information that belongs to their employer. Such information needs to be properly protected in the contract of employment. There should be clear rules on the use of, for example, company computer systems, locked filing cabinets/fireproof safes and shredders to dispose of sensitive paperwork. The employer should make it clear that such information should not be accessible to the family or visitors of the homeworker, and that it is his or her responsibility to take reasonable care to ensure the safety and security of the employer's confidential information. The homeworker will be bound by any confidentiality clause in his or her contract of employment. The employer should ensure that the contract specifies what will happen to company information held at the employee's home on termination of the employment, for whatever reason. The employer will also need to ensure that: computer network and back-up systems are safe for homeworkers; data is backed up on a regular basis; and appropriate anti-virus software is installed on computers and mobile devices and kept up to date. The employee should be made aware of his or her data protection obligations in the management of personal information and, if necessary, provided with appropriate training. The employer will be responsible for taking the appropriate measures to ensure the protection of personal data processed by the employee, so should inform him or her of company rules concerning data protection. Caring commitments Homeworking should not normally be an opportunity for employees to care for their children or other dependants - homeworkers must be able to separate domestic and work activities. An employer may wish to provide in the contract that the employee must not have any caring responsibilities within his or her stated working hours, or that caring responsibilities must not conflict with work activities. The employee should also be asked to inform family University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 17 and friends about his or her homeworking arrangements to ensure that interruptions during the day are kept to a minimum. Communication, support and monitoring Homeworkers should be involved in the business to the same extent as office-based workers. While email, conference calls and online meetings are useful forms of communication, employers should not overlook the importance of face-to-face meetings. It is therefore essential that line managers continue to involve homeworkers in team meetings, performance appraisals and staff training. They should also be invited to attend events such as office parties. The workload and performance standards of a homeworker should be equivalent to those of comparable office- based workers. Monitoring and checking facilities should not be used without the homeworker's knowledge. The homeworker should be informed of the objective of any monitoring facility, and the measures taken should be proportionate to meet that objective. The employer may wish to reserve the right to visit the employee at home at agreed times for work-related purposes. Such visits might be for the purpose of delivering and collecting work, performance monitoring and feedback, or general discussions about work issues. The employer should ensure that there is a contractual right to insist that the employee come into the office as and when required. This might be for the purpose of: training; performance appraisal; disciplinary or grievance hearings; client, team or other business meetings; or other reasonable operational reasons. The employer should clarify who will bear the travel and other costs incurred. This will usually be the employee. University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 20 Please return this application form to your line manager and a copy to your HR Business Partner Template: Flexible Working Discussion Name: Job title: Date: What are the working arrangements that you would ideally like to change to? What are the reasons? What do you think would be the impact on: ... your colleagues? ... your customers? University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 21 How do you think any difficulties might be overcome? What would you need to do differently? What do you think would be the impact on your job? Potential advantages: Potential disadvantages: Do you have any flexibility regarding hours/days/location (that would limit the impact on the business)? Next steps Areas to consider include: • changes to ways of working? • trial period? University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 22 • any contractual changes? • review dates? • team meetings/communication? • advising colleagues? Form FWR 2 Appeal against decision of application for Flexible Working Section A: Your Details Name: Job Title: Department: Date received notice that flexible working application was refused? Date form FWR 2 submitted? Section B: Details of Your Appeal Please advise who refused your application for flexible working? Please detail the grounds of your appeal (continue on separate sheet if necessary) Signed: Date: Notes • If your application for flexible working has been refused, you may appeal against this decision. Use this form to make your appeal. • You should set out the grounds on which you wish to appeal, and you must do so within 14 days of receiving notice that your application for flexible working has been refused. • Return this form to the Director of People & OD • The appeal meeting will normally be arranged within 14 days of receipt of the appeal and will be heard by manager senior to the line manager who turned down the requested, supported by an HR Business Partner. • Employees have the right to trade union representation during the appeal meeting. • Employees will normally be notified within 14 days of the appeal hearing of the outcome. University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 25 Letter Confirming Outcome of Meeting – Acceptance Dear insert name Following our meeting held on insert date in which we discussed your request for a change to your work pattern I am delighted to confirm your request has been granted. We confirm that, as from insert date the terms of your employment contract will change. Your new terms will be as follows: INSERT NEW WORK ARRANGEMENTS 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 insert date. We are confident that the new working arrangements pattern that has been agreed for you will be of benefit both to yourself and to the University. Please sign the attached copy of this letter and return it to me and send a copy to your HR Business Partner to signify your agreement to the changes detailed above. Yours sincerely INSERT NAME INSERT JOB TITLE University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 26 Letter Confirming Outcome of Meeting – Refusal Dear insert name I refer to our meeting held on insert date at which we discussed your request for a change to your work pattern. Having given the matter thorough consideration, I regret that the University is unable to agree to your request. The reason for this is set out below. You requested insert work pattern proposed. Unfortunately, we think that agreeing to this change would insert statutory reason and expand 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 using form FWR2 within 14 days of receipt of this letter to the Director of People and Organisational Development. Your form requesting an appeal meeting must set out the grounds on which you wish to appeal against the organisation's decision as set out above. Yours sincerely INSERT NAME INSERT JOB TITLE University of West of Scotland | Guidelines Flexible Working Version 1: May 2018 27 Letter inviting employee to attend an Appeal Hearing Dear insert name Thank you for submitting your appeal on the decision to refuse your request for flexible working on form FWR2 on insert date. I would like to invite you to attend an appeal hearing with myself and (insert if HR Business Partner) on insert date at insert time in. You are entitled to trades union representation at this hearing and should you wish to be represented, you should make the appropriate arrangements with your trades union. Following the hearing, a decision will be made on the feasibility of your request and the decision will be communicated to you in writing no later than 14 days after the meeting. We will endeavour to grant your request for flexible working if it is at all possible to do so, but we will also need to consider the effects of your proposals on the organisation, the work of your department and your team members. It would be helpful if you are willing at the meeting to discuss possible alternatives to the changes you have requested with a view to seeking a compromise arrangement that suits both parties (if this is necessary). In the event that the University refuses does not uphold your appeal, we will explain the reason why we believe that your request is not workable for the organisation in writing. Please could you confirm whether you are able to attend the hearing suggested above or, if not, to suggest an alternative time and date. Yours sincerely INSERT NAME INSERT JOB TITLE