Unicity
Updating: https://www.congregational.org.uk/downloads/Human Resources/Policy Documents/8-flexible-working-policy2024.pdf
Congregational Centre: Caste Gate, Nottingham.
Human Resources Policies
April 2024
HR Policy Document No 8
1
FLEXIBLE WORKING
POLICY
1.
Policy statement
There may be occasions when you
may wish
to
request flexible
working arrangements for changed hours of work which are different
from your current contract. These notes explain how you should
proceed.
2.
Scope
This policy applies to all paid employee
s
from their date of
commencement a
nd is not restricted to those with children or who have
an adult dependent.
3.
Background
You should note that there is no obligation
for us
to agree automatically
to a request for flexible working.
Your
right is to request flexible
working, not to have it on demand.
You
can make
two
request
s
each
year.
Flexible working requests are about changing someone's terms and
conditions and will relate to the number of hours that
someone
works
and/or the times that
she/he
work. So, for example, it could be to
reduce
your
working hours from full time to part time or perhaps a job
-
share arrangement or work on different days of the week or be
exempted from working on a particular day of the week
.
4.
Principles
ACAS has a code of practice that lays down the principles that
employers should follow. Basically
they
should:
4.1.1.
speak to
you
as soon as possible after receiving a request.
4.1.2.
discuss
your
request directly with
you
in private
4.1.3.
Allow
you
to be accompanied by a colleague (if
you
wish).
4.1.4.
Inform
you
of
the
decision in writing as soon as possible;
4.1.5.
If
the
request is to be granted, discuss when and how the
changes might be
st be implemented directly with you
4.1.6.
If
your
request is rejected, ensure that the rejection is for one of
the business reasons permitted (below) and
4.1.7.
If
your
request is rejected, allow
you
to appeal the decision.
5.
Proces
s
5.1.1.
Informal d
iscussion
Generally, it is best to have an informal discussion first with your
manager and then
put
your
request in writing (email is OK), dating
Congregational Centre: Caste Gate, Nottingham.
Human Resources Policies
April 2024
HR Policy Document No 8
2
it, and
showing
the working arrangements that
you
want (
e.g.
exact details) the start date and what the effect there will be from
your
po
int of view of the change(s) on your work
and how
you
think
these can be dealt with.
For example, in wanting to reduce
your hours of work what impact
will this have on your
job duties
?
We have
a duty to handle
your
request in a "reasonable manner".
There is no legal duty to agree automatically to
it but the law
provides a finite list of permitted business reasons for refusing
requests
.
5.1.2.
Reasons to say 'No'.
T
he law covering requests for flexible working includes a list of
business reasons that can
be
use
d
as a justification for refusing a
request. The list is exhaustive, although quite wide in scope. It is
all right t
o say 'No'
5.1.2.1.1.
if there would be
a burden of additional costs
5.1.2.1.2.
a detrimental effect on ability to meet
the church’s
needs.
5.1.2.1.3.
a detrimental impact on quality or performance of
the
work
provided
5.1.2.1.4.
an inability to reorganise work among existing
staff;
5.1.2.1.5.
an inability to recruit additional staff;
5.1.2.1.6.
insufficiency of work during the periods
you wish
to work; and
5.1.2.1.7.
any planned structural changes
Where a request is refused, the reason must be for one
o
f the
above reasons and given in writing. Managers are not entitled to
invent their own reasons for refusing an
employee's request for
flexible working, however compelling they may think another
reason might be!
And there should always be concrete evidence
to support the reason for a refusal to grant the request.
5.1.3.
Trial periods
There is nothing to prevent you and
your manager
reaching an
agreement that a trial period could be implemented to test out
proposed working arrangements.
A trial period can be helpful for both parties, especially where
there is some doubt as to whether a proposal will work out well. It
can give both sides an opportunity to review how the
arrangements work in practice and whether or not they are likely
to create any practical difficulties
.
Congregational Centre: Caste Gate, Nottingham.
Human Resources Policies
April 2024
HR Policy Document No 8
3
At the end of any agreed trial period, another meeting
should be
held
to review how the revised working pattern has worked out
and whether or not to make the arrangement permanent. One
advantage of agreeing to a trial period is that, if
a
request
ultimately has to be refused, there will be some concrete evidence
to back up an assertion that the patt
ern of working requested
was
not workable in practice. If a trial period is agreed, it's important to
put in writing the arrangement and timescales and signed by you
and
your manager
.
5.1.4.
Communicating
the
decision
Where a request for flexible working is agreed,
your
manager
should write to
you
specifying the agreed contract variation and
the date on which it is to take effect.
Where the request has to be
rejected, you must
be
inform
ed
in writing, setting out the
grounds
on
which the refusal is base
d.
5.1.5.
Timescales
You
r manager is re
quired to notify
you
of
the
decision within
two
months of
your
written request
.
5.1.6.
Appeals
Although there is no legal requirement to allow
you to
appeal
against a refusal to grant flexible working, it is good practice to
for
managers to
permit appeals
using a similar procedure as that of a
Grievance.