'Flexibility' and 'flexible working' are terms used to describe a wide range of work styles and employment practices. Broadly speaking, they include all kinds of employment which differ from the traditional nine to five full-time job. Getting the work-life balance right is increasingly becoming high on the agenda for many colleagues who have personal responsibilities and interests outside of work.
The 'flexible' aspect of work can in different instances relate to the employee, or to the employer, or to both. From the employee’s point of view, flexible work may allow more freedom to organise their employment to fit in with other parts of their life. For the employer, flexibility may come with the ability to organise people resources more in line with the varying needs of 'customers', or with peaks and troughs of demand. Flexibility can have a positive impact for all.
The Students’ Union recognises that flexible working can provide benefits to both the employer and the employee. As part of continuing to develop a positive working environment, we are committed to enabling staff to achieve an appropriate work life balance. This policy applies to all staff, regardless of length of service, grade, or personal circumstances.
There are a number of reasons why managers should consider moving away from traditional patterns of work, and offering flexibility in work patterns:
- the increasing need to improve efficiency and contain costs;
- the need to cover a working day that is increasingly outside the traditional nine to five in line with the demands of students and stakeholders;
- the need to recruit and retain the highest quality staff by offering a flexible approach to work as a real employee benefit;
- the need to promote equality of opportunity.
The following process must be followed by any employee and line manager involved in the application for a change in working pattern:
- The employee submits a written request to the CEO.
- The CEO will arrange a meeting to discuss the application.
- The CEO will make a decision and tell the employee about it in writing.
- If the CEO agrees to the new working pattern, the employee will be given a new contract.
- If the CEO rejects the application, the employee can appeal.
- The employee will receive written outcome of their appeal.
Submitting a written request
Employees have the statutory right to make an application if they have worked continuously for the business for at least 26 weeks. However we are willing to consider requests from employees regardless of their length of service.
Employees have the statutory right to make one application in a twelve month rolling period. However we are willing to consider more than one request within this timeframe if the employees’/businesses’ circumstances have changed or the employee wishes to change the nature of their request.
Employees can write their own email or letter to the CEO, or use the template supplied within this policy.
The application must be via email/letter and:
- be dated
- state that it is being made under their statutory right to request
- give details about how they want to work flexibly and when they want to start
- explain how they think their proposal might affect the business and how this could be dealt with
- say if and when they’ve made a previous application
Meeting to discuss the application
The meeting between the employee and the CEO must happen at the earliest opportunity.
The employee must give a reasonable explanation if they can’t attend the meeting.
Employees can bring a work colleague or trade union representative (‘rep’) to the meeting. The rep can discuss things with the CEO but they can’t answer questions on behalf of the employee.
If the colleague or representative can’t make the meeting, it should be rearranged to take place as soon as possible.
Withdrawing an application
Employees should tell the CEO in writing as soon as possible.
The application will be treated as withdrawn if the employee misses 2 meetings (without good reason) with the CEO. In this instance the employer is required to inform the employee they are treating the request as withdrawn; in writing.
If the employee doesn’t provide the extra information that the CEO needs to make a decision, the application might be treated as withdrawn and the employee will be notified in writing.
If the application is withdrawn, the employee can’t make another one for 12 months.
After the meeting
The CEO must write to the employee after the meeting to let them know what the decision is.
Agreeing the application
If the CEO agrees they should write to the employee informing them of this and specify the date the new working pattern will start. An updated employment contract will be issued within 28 days.
Trial periods
The employee will enter into a trial period which as a minimum will be for 4 weeks, although the business will consider extending this on a case to case basis.
After the trial period both parties can either:
- reject the application (see point rejection paragraph below) or;
- Make this a permanent change to the employees working pattern and the employee will be issued with a new employment contract within 28 days.
Rejecting an application
If the CEO doesn’t agree to the request, they should have a meeting with the employee to discuss the reasons first and strive to come to a mutual agreement.
The CEO’s letter rejecting the application, should include:
- the business reasons for rejecting the application
- an explanation about how flexible working affects their business
The CEO can only reject an application for one of the following reasons:
- The burden of additional costs
- Detrimental effect on ability to meet customer demand
- Inability to re-organise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality and/or performance
- Insufficiency of work during the proposed periods to work
- Planned structural changes
Appeals
Employees can appeal against the decision if:
- the CEO didn’t know something important related to the application when they made their decision
- the employee wants to challenge information used by the CEO
Employees can’t appeal if they only disagree with the business reasons for the rejection.
Holding an appeal meeting
The CEO must hold a meeting with the employee as soon as possible after the employee has told them they want to appeal. Both sides must agree on the date.
Employees can bring a work colleague or union rep with them to the meeting. The CEO must write to the employee saying what the decision is after the meeting.
If the employee misses 2 appeal meetings without a good reason, the CEO can treat the appeal as withdrawn. The employee won’t be able to make another application for 12 months.
Making a complaint
Should an employee wish to make a complaint about a decision made during this process or how the process was followed; they must refer to theStudents’ Union’s complaints procedure.
Application for change in working pattern
1. Personal Details
Name: Staff or payroll number:
Manager: National Insurance No:
To the employer
I would like to apply to work a flexible working pattern that is different to my current working pattern.
Date of any previous request (if applicable):
2a. Describe your current working pattern (days/hours/times worked):
2b. Describe the working pattern you would like to work in future (days/hours/times worked):
2c. I would like this working pattern to commence from:
Date:
3. Impact of the new working pattern
I think this change in my working pattern will affect the business and colleagues as follows:
4. Accommodating the new working pattern
I think the effect on the business and colleagues can be dealt with as follows:
Name: Date:
NOW PASS THIS APPLICATION TO THE CEO
"
CEO’s Confirmation of Receipt (to be completed and returned to employee)
Dear:
I confirm that I received your request to change your work pattern on:
Date:
I shall be arranging a meeting to discuss your application within 28 days following this date. In the meantime, you might want to consider whether you would like a colleague to accompany you to the meeting.