Flexible Working Policy by Acas

Flexible Working Policy

Introduction

[Insert your organisation's name] encourages staff to consider flexible working arrangements. The organisation recognises that a better work-life balance can improve employee motivation, performance and productivity, and reduce stress. Therefore the organisation wants to support its employees to achieve a better balance between work and their other priorities, such as caring responsibilities, leisure activities, further learning and other interests.

The organisation is committed to agreeing any flexible working arrangements, provided that the needs and objectives of both the organisation and the employee can be met.

It is the organisation's policy to encourage open discussion with employees. If an employee thinks they may benefit from flexible working, they can either:

contact [HR department / line manager / name of individual] to arrange an informal discussion to talk about the options

submit a flexible working request, by following the steps in this policy

This policy does not form part of the employment contract, and can be amended at any time.

What flexible working is

Flexible working is any type of working arrangement that gives some degree of flexibility on how long, where and when an employee works.

For example:

[Add, remove or amend as appropriate]

annualised hours

compressed hours

flexitime

hybrid working

job sharing

part-time working

remote working

staggered hours

term-time working

working from home

These examples are considered to be the typical arrangements that employees will request. However, the organisation recognises that there may be alternatives or a combination of options which are suitable to both the organisation and the employee.

Types of flexible working

[Add, remove or amend as appropriate]

Annualised hours

Annualised hours means an employee's contractual working hours are calculated as the total number of hours to be worked over the year.The employee has some flexibility on when they work these hours over the year.

Usually the hours will be divided into set rostered hours during busy periods, and unallocated hours during quieter periods. An employee can decide when to work their unallocated hours, subject to some limitations.

Payment will be in 12 equal instalments. However, arrangements may be permitted where the pay for the work actually done is in the period the payment relates to.

Compressed hours

Compressed hours means an employee works their usual full time hours in fewer days by working longer blocks. There is no reduction in the employee's pay. For example, a 5-day week is compressed into 4 days, or a 10-day fortnight into 9 days.

Flexitime

Flexitime allows an employee to choose when to begin and end work, within certain limits.

An employee is required to work during core hours and must work an agreed number of hours during the accounting period of [4 weeks / a month]. Their hours of attendance will be recorded and added up at the end of each accounting period.

An employee can carry over an excess of up to [number of hours] hours or a deficit of up to [number of hours] hours from one accounting period to another. A deficit of hours should be made up in the following accounting period. An employee can use excess hours to either reduce attendance outside of core hours or take additional leave (flexi leave). Flexi leave is subject to a maximum of [number of full days] full days in any accounting period. An employee should request and agree flexi leave with their line manager, in the same way as holiday entitlement (annual leave).

Hybrid working

Hybrid working is a mixture of working remotely and in the employer's premises. Working remotely can include working from home or other agreed locations.

[Include examples of agreed locations and any limitations that apply]

Job sharing

Job sharing is an arrangement where a full-time post is divided into 2 part-time roles. The 2 job holders then share the overall duties and responsibilities. Their skills and the hours each employee wishes to work must be compatible, and meet the needs of the organisation.

Pay and benefits are shared in proportion to the hours each person works. Job sharing can be considered where the creation of a single part-time post is difficult, or where 2 individuals wish to work part-time.

Part-time working

Part-time working covers any arrangement where an employee is contracted to work anything less than typical full time hours for the type of work in question. For example, an employee who works Monday to Wednesday.

All posts are available on a part-time basis, except where this is not practical.

Remote working

Remote working means working from anywhere other than the employer's premises. This can include working from home or any other agreed location.

[Include examples of agreed locations and any limitations that apply]

The organisation can consider remote working as being an occasional agreed day, a mix of working remotely and in the workplace, or a full-time arrangement.

Staggered hours

Staggered hours means having a different start and finish time to other employees. For example, working from 7am to 4pm instead of 9am to 6pm.

Term-time working

Term-time working is where an employee's contractual working hours are during school terms only.

An employee does not work during school holidays. Any weeks above their annual leave entitlement are unpaid. Salary can be paid in 12 equal monthly instalments. Alternatively, an employee can ask to be paid for the time worked only and receive no pay during the holidays apart from their holiday entitlement (annual leave).

Working from home

Working from home or homeworking is when an employee regularly carries out all, or part of, their duties from home rather than the employer’s premises. The organisation can consider homeworking being an occasional agreed day, a mix of working at home and in the workplace, or a full time arrangement.

Our approach to flexible working

The organisation is committed to providing a range of appropriate working patterns.

There are many different types of flexible working. While some might not be practical for every job, it's likely other types will work. The organisation commits to look at what's possible.

Where a flexible working arrangement is requested, the organisation will take into account a number of criteria. This includes:

the costs associated with the proposed arrangement

the effect of the proposed arrangement on other staff

the need for, and effect on, supervision

the existing structure of the department

the availability of staff resources

details of the tasks specific to the role

the workload of the role

whether it is a request for a reasonable adjustment related to a disability

health and safety issues

The organisation is committed to agreeing any flexible working arrangements, provided that the needs and objectives of both the organisation and the employee can be met.

Eligibility

All employees have a statutory right to request flexible working from the first day of employment.

[Optional: The organisation is also open to discussing flexible working arrangements with employees before their first day.

Hiring managers will:

include flexible working options that are available in job adverts

discuss flexible working with the successful applicant before they start]

Submitting a flexible working request

An employee is entitled to submit 2 statutory flexible working requests in a 12-month period.

[Optional] The organisation allows employees an additional [number of requests] requests in a 12-month period, on top of the statutory entitlement.

An employee can only have one live request at a time. A request will stay live until any of the following happen:

the organisation makes a decision

the employee withdraws the request

the employee and organisation agree an outcome

it's been 2 months since the date of the request

All requests must be made by [give details of how an employee should submit their request].

Any request must include:

the date of the request

the changes that the employee is seeking

the date the employee would like the proposed change to start

whether this is a statutory or non-statutory request

whether the employee has made any previous flexible working requests to the organisation

the dates of any previous requests

If the request relates to a reasonable adjustment for a disability under the Equality Act 2010, the employee should make this clear in the request.

If a request does not contain all of the required information, [HR department / line manager / name of individual] will advise the employee what else they need to provide and ask the employee to resubmit the request.

Responding to a flexible working request

[HR department / line manager / name of individual] will consider the proposed flexible working arrangements. They will look at the potential benefits and adverse effects to the employee and to the organisation in implementing the proposed changes.

Each request will be considered on a case-by-case basis, in the order they are received. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar change to their working pattern.

Where an employee's request needs further discussion, the organisation will invite the employee to a consultation meeting. If a meeting is arranged it will be held within [10 working days] of the organisation receiving the request. This time limit may be extended with the agreement of both the employee and [HR department / line manager / name of individual].

Where an employee's request can be approved in full without a consultation meeting, the organisation will confirm this in writing within [10 working days] of receiving the request. This will include details of the new arrangements and an invitation to talk about the new arrangements. This time limit may be extended with the agreement of both the employee and [HR department / line manager / name of individual].

The organisation will make a decision on all requests, including any appeal within a maximum of 2 months. This time limit may be extended with the agreement of both the employee and [HR department / line manager / name of individual].

Consultation meetings about flexible working

If the employee is invited to a consultation meeting, [HR department / line manager / name of individual] will discuss:

the request

how the proposed working arrangements might work

how it could be of benefit to both the employee and organisation

The employee will be given advance notice of the time, date and place of the meeting. If the initial date is problematic then one further date will be proposed. This meeting will be in person or a video call, or a telephone call if neither of those are possible.

At the meeting the employee may, if they wish, be accompanied by a colleague or a trade union representative. [Optional: include any extra options for employees being accompanied, if you offer them as part of your other policies]

If the employee fails to attend a meeting and then fails to attend a rearranged meeting without good reason, their request will be deemed to have been withdrawn.

Communicating a decision after consultation

After a consultation meeting, the request may be granted in full, in part or refused.

The organisation may:

propose an alternative option

grant the request on a temporary basis

ask the employee to try the flexible working arrangement for a trial period

If a working arrangement is agreed, the employee will be sent a confirmation letter within [10 working days] of the consultation meeting. This will include details of the new arrangements and an invitation to talk about the new arrangements.

If the organisation refuses the request, the employee will be given the decision in writing within [10 working days] of the consultation meeting.

Right to appeal a decision

An employee has the right to appeal the decision if their request is refused or is only agreed in part.

The employee may submit an appeal within [5 working days] of being notified of a decision on their request. This should be done in writing and clearly state the reasons for their appeal.

The appeal will be heard within [5 working days]. The employee will then be informed of the outcome of their appeal within [5 working days] of an appeal meeting. These time limits may be extended with the agreement of both the employee and [HR department / line manager / name of individual].

At the appeal meeting the employee may, if they wish, be accompanied by a workplace colleague or a trade union representative.** [Optional: include any extra options for employees being accompanied, if you offer them as part of your other policies]**

Requesting a reasonable adjustment

The organisation is committed to reducing and removing disadvantages for disabled employees.

If an employee needs to change where, how or when they work because of their disability, they can request a reasonable adjustment under the Equality Act 2010. If an employee requests a reasonable adjustment, they do not need to also make a flexible working request.

[Use A or B]

[A: if you do not have a separate policy covering reasonable adjustments] To request a reasonable adjustment, send your request by email or letter to [HR department / line manager / name of individual] and include:

that you're making a request for a reasonable adjustment under the Equality Act 2010

the adjustment you're requesting

[HR department / line manager / name of individual] will discuss your request with you within [number of days] of the organisation receiving the request. The outcome will be confirmed in writing within [number of days] of the discussion, including any agreed reasonable adjustments. These time limits may be extended with the agreement of both the employee and [HR department / line manager / name of individual].

[B: if you have a separate policy] To request a reasonable adjustment, follow the procedure in our reasonable adjustments policy [link to your organisation's policy or request procedure].

Trialling new working arrangements

Where there is some uncertainty about whether the flexible working arrangement is practical for an employee or the organisation, a trial period may be agreed.

A trial period will allow enough time to implement and get used to the new arrangement before making any decisions on its viability.

The organisation will put any trial arrangements in writing to the employee. This will include their new working pattern and make clear that it is only a temporary change to the employee's terms and conditions.

The employee will be informed in writing of the start and end dates of the trial period. The organisation may reduce or lengthen the trial period where necessary, with the agreement of the employee.

The organisation will reserve the right, at the end of the agreed trial period, to require the employee to revert to their previous working arrangement. In this situation, the organisation will give the employee [number of weeks] weeks' notice.

Varying an employee's contract

Where flexible working practices are agreed as a permanent change, any variation to the employee's terms and conditions will be put in writing. Written confirmation of the changes will be sent to the employee within one month of the change being agreed.

If the employee has any questions or concerns they should contact [HR department / line manager / name of individual].

Complaints and further information

An employee should raise any concerns with [HR department / line manager / name of individual] if they:

are not satisfied with any stage of the flexible working request process

feel they have been treated unfairly because they've made a flexible working request

If informal discussions do not resolve the matter to an employee's satisfaction, they should raise a grievance under the organisation's grievance procedure.

For further information an employee should contact [HR department / line manager / name of individual].