Flexible Working Policy
| Flexible Working Policy (.pdf) |
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| Flexible Working Request Form (.doc) |
| Flexible Working: Home-working Self Assessment Check-list (.pdf) |
1. Principles of the Policy
1.1 This Flexible Working Policy applies to all Aberystwyth University (AU) employees.
1.2 The policy complies with and exceeds the requirements of the current legislation (The Employment Act 2002 and the Equality Act 2010) and demonstrates our commitment to recruit and retain quality staff, maintain good human resource practices, be responsive to changing employer/employee needs and manage working time effectively and efficiently in line with best practice.
1.3 AU will respond constructively and sensitively to all requests for flexible working arrangements.
1.4 It must however be noted that although employees have the right under this policy to request flexible working arrangements, the law does not provide an automatic right to such working if the request cannot be accommodated. AU's ability to approve such requests will vary according to the nature of the role and responsibilities of the post held by the applicant; the academic, operational and service needs of the department in which they work and to the structure and individuality of that department.
1.5 A request for flexible working will be considered against the following business issues:
1.5.1 Ability to reorganise work among existing staff;
1.5.2 Effect on the ability to meet customer demand, scheduling or timetabling constraints;
1.5.3 Detrimental impact on quality and/or performance of the department/unit/function;
1.5.4 Insufficiency of work during the periods the employee proposes to work;
1.5.5 Ability to recruit additional staff;
1.5.6 Planned structural changes;
1.5.7 Burden of additional costs.
1.6 The legal position is that any variation agreed will result in a permanent change to the employee's contract of employment. However, in order to maintain flexibility for the employee and AU, agreements may be made on a temporary and/or trial basis.
1.7 Any change to an employee's contract of employment as a result of this policy (permanent or temporary) will be confirmed in writing by Human Resources.
2. Eligibility
2.1 To be eligible to make a request for flexible working a member of staff must meet the following criteria:
2.1.1 Be a AU employee and have worked for the University continuously for 26 weeks at the date the request is made;
2.1.2 Not be an agency worker;
2.1.3 Not have made another request to work flexibly (irrespective of the nature of the request) under this policy during the past 12 months. Only one request is permitted per year.
2.2 Although all requests for flexible working will be considered following the process laid out in this policy some members of staff have a statutory right to request flexible working , these staff will meet one of the following two conditions.
2.3 Condition A
2.3.1 Have a child aged under eighteen;
2.3.2 Make the request no later than two weeks before the child's seventeenth birthday, or eighteenth birthday where disabled;
2.3.3 Have responsibility, or expect to have responsibility, for the upbringing of the child and be making the request to enable them to care for the child;
2.3.4 Be either: the mother, father, adoptive parent, guardian or foster parent of the child; or married to or the partner of the child's mother, father, adoptive parent, guardian or foster parent;
2.4 Condition B
2.4.1 Have responsibility, or expect to have responsibility, to care for an adult who:
- is married to, or is the partner or civil partner of the employee;
- is a near relative of the employee, i.e. a parent, parent-in-law, child over 18, adopted child over 18, sibling, brother or sister-in-law, uncle, aunt or grandparent;
- falls under none of the above categories but lives at the same address as the employee.
2.4.2 In the event that an employee requires that flexible working arrangements be instituted with immediate effect due to an unexpected change in circumstances, the University will endeavor to provide short term flexible working arrangements whilst the employee applies for formal flexible working arrangements through this policy. Such arrangements would be subject to individual agreement between employee and employer and in agreeing such arrangements the individual would retain the right to be accompanied by a nominated colleague or Trade Union representative.
2.5 Any agreed temporary arrangement(s) would not have any bearing upon an application subsequently made under the Flexible Working Policy.
2.6 If new legislation extends the right to request flexible working to other groups, such groups will be identified in AU's policy.
3. The Procedure
3.1 The procedure to request Flexible Working is in three stages:
3.2 Stage One - Making a Request
It is important that a member of staff wishing to request flexible working should, before completing the necessary form, give careful consideration to their desired working pattern in relation to the requirements of the post and the operational needs of the department they work in. Issues to consider include:
3.2.1 Current working pattern (days/hours/times worked);
3.2.2 The proposed new working pattern (days/hours/times worked), taking into consideration the reason(s) for the request;
3.2.3 Tthe proposed start date of the new working pattern;
3.2.4 The financial implications of the proposed change of working pattern – will it involve a reduction in salary, and, if so, by how much;
3.2.5 How the proposed change in working pattern will affect the department, AU and colleagues;
3.2.6 How the effect on the department, AU and colleagues can be dealt with.
3.3 Employees considering making a request should be aware that the process can take up to 14 weeks to complete and sometimes longer where a problem arises. Requests should therefore be made well in advance;
3.4 There are a variety of different types of working pattern to consider, including:
3.4.1 A change to the hours the employee works;
3.4.2 A change to the times when the employee is required to work;
3.4.3 To work from home (for either all or part of the week).
3.5 Examples of flexible working include:
3.5.1 Annualised Hours Describes working time organised on the basis of the number of hours to be worked over a year rather than a week; it is usually used to fit in with peaks and troughs of work. Pay depends on the hours worked during each pay period.
3.5.2 Compressed Hours Allows employees to work their total number of agreed hours over a shorter period. For example, employees might work their full weekly hours over four days, rather than five, or over nine days a fortnight instead of ten. Employees would be paid as for a full time job but would not receive overtime payments for the agreed extra hours they work in any one day.
3.5.3 Flexitime Gives employees choice about their actual working hours, usually outside certain agreed core times. Individuals are paid for the hours that they work.
3.5.4 Homeworking This does not have to be on a full-time basis and it may suit an employee to divide their time between home and place of work. What individuals are paid for depends on the hours they work. The variation to the place of work is restricted to the employee's home or one of AU's workplace locations.
3.5.5 Where the post requires the daily use of the telephone, a computer, a computer network connection or other similar equipment, AU does not provide such equipment. Staff requesting to work from home must be able to demonstrate that they can provide the necessary equipment.
3.5.6 Before an agreement can be made AU would need to carry out a risk assessment of the activities to be undertaken by the homeworker, identifying any hazards and deciding whether enough steps have been taken to prevent harm to them or anyone else who may be affected by their work. Further details on risk assessments are available from the Health and Safety Executive website (www.hse.gov.uk).
3.5.7 Job Sharing Typically involves two people employed on a part-time basis, but working together to cover a full-time post. Both receive pay for the hours they work.
3.5.8 Shift Working Shift working provides the opportunity to have services open for longer periods than an eight-hour day or to have more staff available at busier times of the day. Agreed flexible working arrangements may mean that a shift premium is not needed.
3.5.9 Staggered Hours Allows employees to start and finish their day at different times. Pay will depend on hours worked in total rather than the time at which they are worked.
3.5.10 Term-Time Working Allows employees to take unpaid leave during the school holidays. Employees with this working pattern are required to take their paid leave entitlement during the school holidays.
3.5.11 Voluntary Reduced Hours Enables employees to reduce or vary hours (on reduced pay if hours are reduced). This can fit in with short-term caring commitments or assist someone returning to work following a long illness.
3.6 Due to the diversity of departments, roles/responsibilities and services across AU, not all of the patterns of work referred to above may be suitable for particular posts or categories of staff.
3.7 Guidance on flexible working is available throughout the process from Human Resources. Details of how to contact the relevant member of Human Resources are available from the Human Resources website (accessible from the AU site at www.aber.ac.uk).
3.8 Once the issues have been considered AU’s ‘Flexible Working Request Form' should be completed. The form must be signed, dated and (unless otherwise stated below) sent to the relevant Head of Department with a copy to the Director of Human Resources. The AU Flexible Working Request Form has been provided to aid the request process.
Note: Alternatively, applications may be sent by letter, fax or email but must include all information detailed on the AU Flexible Working Request Form (which conforms to the application checklist in the DTI guidelines).
3.9 Requests for flexible working from certain individuals should employ a modified procedure:
3.9.1 Heads of Academic Departments, the Director of Information Services, Deans, Pro Vice-Chancellors and other members of the Senior Management Team (Registrar, Director of Finance, Director of Planning and Academic Registry) must apply to the Vice-Chancellor.
3.9.2 Heads of Central Services departments must send requests to the Registrar.
3.9.3 For staff employed in Human Resources the request must be made to the Registrar.
3.10 In all cases a copy of the request form should be sent to the Director of Human Resources.
3.11 Stage Two – Consideration of the Request
3.11.1 Once the Head of Department has received a Flexible Working Request Form he/she should check that it has been completed in full, signed and dated. Notification, in writing, should then be sent to the employee to confirm receipt of the request. If the employee has not provided all the information required, the Head of Department should inform the employee what has been omitted and ask them to re-submit the request when complete. The employee should also be informed that the request will not be considered until the form is complete and re-submitted.
3.11.2 On receiving a completed Flexible Working Request Form the Head of Department should liaise with the Director of Human Resources (or his/her Human Resources nominee) to discuss the request. After giving due consideration to the request the Head of Department (or his/her nominee) will then arrange to meet with the employee, along with the Human Resources nominee, within 28 days of the completed form being received.
3.11.3 For any meeting(s) to discuss the request the employee has the right to be accompanied by an AU work colleague, or a representative of a recognised campus Trade Union. The aim of the meeting(s) is to discuss the proposed work pattern in depth. It may be appropriate to consider alternative working patterns if it is believed that the original request cannot be reasonably met. All parties are encouraged to find a positive, appropriate and amicable solution to the request. Discussions could consider options of a trial period (with review dates included) and/or temporary arrangements. Trial period/temporary arrangements of up to 6 months will be treated as part of the original Flexible Working Request and not as a separate request.
3.11.4 If the request will result in any increase in costs to Abersytwyth University, for example through the recruitment of a job share partner then the Chair of Staffing Committee will be consulted at this time.
3.11.5 The employee should be notified, in writing, of the outcome of the meeting within 14 days of the meeting taking place. However, there may be occasions when it is not possible to complete a particular part of the procedure within the specified time limit, e.g. AU requires extra time to speak to another employee or the employee may be going on leave.
3.11.6 In such circumstances an extension of time can be agreed but the Head of Department must make a written record of the agreement specifying the period the extension relates to and the date on which the extension is to end. A copy of this record must be sent to the employee.
3.11.7 Where an employee fails to attend a meeting on more than one occasion and without a reasonable explanation, AU may treat the request as having been withdrawn. In such circumstances, the Head of Department should write to the employee confirming that the request was now considered withdrawn.
3.12 Stage Three – Formal Response to the Request
3.12.1 The request, as originally submitted or as amended during Stage Two may have one of the following outcomes:
3.13 The request is agreed.
3.13.1 The employee will receive written confirmation from Human Resources of the new working pattern; the appropriate changes to the terms and conditions of employment and the date the new arrangements will become effective. The employee is required to sign the document to confirm the acceptance of the permanent change to the contract of employment.
3.13.2 In considering the forthcoming new arrangements, the Head of Department should check if all health and safety requirements have been satisfied and consider who within AU needs to be informed of the change.
3.13.3 Where the agreement of the request will result in a change in the allocation of duties which may impact on probation objectives Probationary Appointments Committee should be consulted.
3.14 The request is denied.
3.14.1 Where the request is denied the employee will receive written notification giving details of the reasons and explaining why they application was unsuccessful in this case . The explanation will be written in plain English and Welsh and include the relevant and accurate facts.
3.14.2 Details of the employee's right to appeal (see section 4 of this policy) must also be provided.
3.15 The request is agreed for a trial period.
3.15.1 Where there are concerns relating to the business issues (s) (as outlined in section 1 of this policy), the employee may be offered a trial period of up to 6 months. Such arrangements will be confirmed in writing by Human Resources.
3.15.2 By agreeing to this option it is acknowledged by the employee and AU that the time period for consideration of the request is extended until 28 days after the trial ends.
3.15.3 At the end of the trial period a review of the situation will be undertaken by the Head of Department, in line with the process as detailed in Stage Two. At such time the request can either be accepted or denied or an alternative arrangement proposed. Whatever the conclusion, the employee will receive notification from Human Resources.
3.15.4 If, after the trial period, the request is agreed please refer to section 3.5.2 of this policy.
3.15.5 If, after the trial period, the request is denied please refer to section 3.5.3 of this policy.
3.15.6 If, after the trial period, the request is agreed for a specified period only or an alternative arrangement is proposed please refer to section 3.5.4 of this policy.
3.16 An alternative arrangement is proposed.
3.16.1 If, after a request for flexible working has been considered (with or without a trial period) , the Head of Department has concerns about specific business issues he/she may agree to the request but for a specified period only or may propose an alternative arrangement.
3.16.2 The employee will receive written notification of the proposal and, as the original request was denied, details of the reasons and explaining why they apply in this case. Details of the employee's right to appeal (see section 4 of this policy) will also be provided.
3.16.3 All requests and their outcome must be reported to Staffing Committee.
4. Appeal Procedure
4.1 If an employee's request for flexible working is denied or if he/she is unable to agree to an alternative proposal, then the employee may appeal. Notice of the appeal should be made in writing and (unless otherwise stated below) addressed to the Head of the Department, with a copy to the Director of Human Resources.
4.2 For Heads of Academic Departments and Deans, the Director of Information Services, Pro Vice-Chancellors and other members of the Senior Management Team (Registrar, Director of Finance, Director of Planning and Academic Registry) the appeal must be made to the President.
4.3 Heads of Central Services departments should address any appeal to the Registrar, as should staff in Human Resources.
4.4 In all cases a copy of the appeal should be sent to the Director of Human Resources.
4.5 An appeal can only be made on the following grounds:
4.5.1 Faulty process or additional information
4.6 Notice of the appeal must be made by the employee in writing, within 14 days of receiving the decision setting out the grounds of appeal.
4.7 The Director of Human Resources (or his/her Human Resources nominee) will arrange a meeting of the Appeal Panel within 14 days of notice of the appeal. The Appeal Panel will consist of the Pro Vice-Chancellor with responsibility for staffing (Chair) and two members of Staffing Committee, one of whom should be a lay member of Council. Members of the panel will have had no prior involvement in the request up to this stage of the procedure. The Human Resources nominee will act as secretary to the panel.
Note: In the case of appeals from members of the Senior Management Team the Appeal Panel will be the same but with the President, or his/her nominee, replacing the Pro Vice-Chancellor.
4.8 The Appeal Panel will meet to consider whether the process has been correctly followed and if the business issues (s) for denying the request or proposing an alternative are reasonable or not.
4.9 In reaching its decision the Appeal Panel reserve the right to meet with the Head of Department, the employee making the request and any other member of staff deemed relevant to the request.
4.10 At any stage in this process, the member of staff has the right to be accompanied by an AU colleague or a recognized trade union representative.
4.11 The employee will be notified, in writing, of the outcome of the appeal meeting within 14 days.
5. Policy Review
5.1 The Flexible Working Policy will be reviewed after a year and thereafter on a triennial basis, or before if deemed necessary. Such reviews will be to ensure that the policy remains compliant with legislation and good practice.
5.2 Human Resources will provide a report to the Staffing Committee and recognized Trade Unions on all AU flexible working requests and their outcomes during the academic year.
