London Borough of Havering

Flexible Working (Hours) Policy

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London Borough of Havering

Flexible Working (Hours) Policy and Procedure

Index

Section One: Policy and procedure overview

1. Policy statement2. Procedure overview3. Scope of this policy4. Eligibility5. Links to other policies and procedures

Section Two: Procedure

1. Roles and responsibilities2. Procedure

Section Three: Supporting documents

Appendix 1 – Flexible working hours request form Appendix 2 – Flexitime scheme (Abridged Version)

Section Four: More information

Section Five: Policy ownership and effective dates

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FLEXIBLE WORKING (HOURS) POLICY AND PROCEDURE

SECTION ONE: POLICY AND PROCEDURE OVERVIEW

1. POLICY STATEMENT

2. PROCEDURE OVERVIEW

A truly flexible workplace has a variety of working arrangements and patterns which meet the business needs and the employee’s needs. Flexible working enables employees to complete their working hours in a different way to established or traditional ways of working – perhaps at different times or places to help employees achieve a work-life balance and support Havering Council in achieving more flexibility in the services it provides.

A Managers’ Toolkit provides advice on practical ways of using flexibility in service provision and a suggested menu of flexible working options for employees. Flexible working comes in all shapes and sizes and no one size fits all. The ‘Toolkit’ is unlikely to cover every flexible working arrangement but that doesn’t stop managers and employees considering other types of flexible working, providing they fit the needs of the service.

Employees have a responsibility to think carefully about their desired working arrangements when making an application. An accepted application will mean a permanent change to the employee’s terms and conditions of employment.

As this a permanent change, the manager/employee should not expect that the previous working pattern would resume at any time.

Employees and managers should liaise with the Internal Shared Service Centre for clarity and advice.

The council is committed to supporting working parents and carers of adults and has a statutory duty to give serious consideration to application from eligible employees

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As a public sector organisation one of our main and most valuable assets is our employees. Havering Council is experiencing an ongoing period of looking at alternative ways of providing our services to the public in order to reduce costs but more importantly to improve the quality of the services the council actually provides. This policy details the concepts of working in ways that enhance services and use of resources, whilst also having benefits for employees.

This policy is concerned with various flexible working patterns which can be used to compliment the types of flexible working locations as detailed in the Flexible Working (Location) policy.

The different types of flexible working that can be considered are:

Working Arrangements DescriptionAnnualised hours Hours of work can be varied from week to

week, in line with the service needs, usually fitting in with seasonal peaks and troughs.

Compressed hours Allows employees to work their total number of agreed hours over a shorter number of working days. An employee may work full-time but over four days a week instead of five, or nine days over a fortnight rather than ten.

Flexi-time Flexi-time enables employees to vary their hours outside any specified core hours, subject to service requirements. Allows additional flexi-hours to be used as leave.

TOIL (time off in lieu)

Time off in lieu (TOIL) is where additional hours are worked outside of the flexi hours. TOIL is taken as plain time

Job sharing This is a way of working where two people share one full-time position, each working part-time. In a ‘shared responsibility’ arrangement the individuals both carry out all the duties of the job, picking up the work where the other left off. In a ‘divided responsibility’ arrangement, the duties of the position are divided between the two individuals, with each being able to provide cover for the other where necessary

Part-time working Employees can be contracted to work for fewer hours than full-time contractual hours. The number of hours can vary and can take various patterns, including part-day/week/year.

Term-time working Enables employees (full-time and part-time) to work a reduced number of weeks in a year, allowing for time off during the school holidays.

Voluntary reduced working time

Employees are able to reduce their normal working hours, usually full-time employees, for a specified and planned short period of time with the agreement of the line manager.

Please refer to the Managers’ Toolkit for more detailed information

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3. SCOPE OF THIS POLICY

This procedure applies to all Council employees, except:

Officers employed under the JNC for Chief Executives and the JNC for Chief Officers Conditions of Service

Those employed in schools who are subject to a separate policy

4. ELIGIBILITY

In order to make a request using the existing legislation, the employee must fulfill one of the following criteria:

Have a child under 17;

Have a disabled child under 18 who receives Disability Living Allowance (DLA)

Care for, or expected to care for an adult aged 18 or over who is the employee’s spouse, civil partner or partner, a relative, or someone living at the same address as the employee;

AND

Have worked for the Council continuously for a least 26 weeks at the date the application is made

AND (Where Applicable)

Make the application no later than two weeks before the child’s 17th birthday; or 18th birthday if you have a disabled child

Be either the mother, father, adopter, guardian or foster parent of the child or civil partner or live in partner of one of these persons;

Have or expect to have responsibility for the child’s upbringing;

Be making the application to enable them to care for the child;

Not have made another application to work flexibly under this policy during the past 12 months.

A carer is defined as an employee who is, or expects to be, caring for an adult who is married to, in civil partnership, live in, or the partner of the employee, or is a near relative of the employee. Anyone who lives at the same address as the employee who does not fit into any other categories are also covered.

The Council recognises that employees may also wish to submit a request for flexible working in order to achieve a better balance between work and home life.

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5. LINKS TO OTHER POLICIES/PROCEDURES

Flexible Working (Location) Policy Flexi-time Scheme Flexible Retirement

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SECTION TWO: PROCEDURE

1. ROLES AND RESPONSIBILITIES

Line Managers are expected to:-

Explain the various flexible working options to staff. Consider all requests for flexible hours working in a timely manner. Consider the request for flexible hours working in line with the business need.

Employees are expected to:-

Carefully consider all of the options and impact of their request on the business.

Complete the application form to make a request.

2. THE PROCEDURE

The Employee

Eligible employees will be able to request:

A change to the hours they work; A change to the times when they are required to work; To work from another location, whether for all or part of the week (see the

Flexible Working (Location) Policy)

The initial onus will be on the employee to make a considered application in writing using the Appendix 1: Flexible working hours request form.

The application must:

Where applicable, state that the application is being made pursuant to the statutory right to request flexible working.

If applying under the statutory rights confirm that the employee has responsibility for the upbringing of the child and clarify the capacity in which the application is made, i.e. mother, father, adopter, married to or partner of the mother, etc

If applying as a carer, state the caring responsibilities that the employee has If applying in support of the flexible location working, please state this Explain the likely effect the proposed change would have on the employer

and how this can be dealt with Set out the possible flexible working patterns being applied for State the date on which the proposed change is to take effect Outline whether and when a previous application was made Be signed and dated

The individual will be able to make only one application a year. Each year runs from the date of the application.

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An accepted application will mean a permanent change to the employee's terms and conditions of employment. The employee should therefore give careful consideration to the working pattern they request. As this is a permanent change the manager and employee should not expect that the previous working pattern would resume at any time.

The employee should be fully aware of any financial implications of any change, e.g. if there is a reduced number of hours worked there is an actual reduction in pay, and pension contributions.

The Manager

Note: Managers will adhere to the timefames in this policy as they are a statutory requirement.

Within 28 days of receiving the application, the manager will arrange to meet with the employee. During this meeting they should both discuss the desired work pattern in depth and consider how it might be accommodated. They should also consider alternative working patterns should there be problems in the desired work pattern outlined by the employee. (A meeting may not be necessary where the manager agrees to the employee's request).

For the different flexible working options, please refer to the Managers’ Toolkit

The employee has the right to bring a union representative or work colleague to the meeting.

Within 14 days after the date of the meeting the manager will write to the employee to:

Agree to a new work pattern and a start date; or Provide a clear business reason(s) as to why the application cannot be

accepted in this circumstance and setting out the appeal procedure; or To advise of further action before making the final decision

The business grounds for refusing an employee's application will normally fall within one or more of the following categories:

The burden of additional costs; (if there are further costs to safely agree to homeworking, advice should be sought from the Human Resources Team)

Detrimental effect on the ability to meet customer demand Inability to re-organise work among existing staff Inability to recruit additional staff Detrimental impact on quality Detrimental impact on performance Insufficiency of work during the periods the employee proposes to work Planned structural changes

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Right to appeal

The employee has the right to appeal the decision within 14 calendar days of receiving the written refusal.

The appeal process is designed to be in keeping with the overall aim to encourage both parties to reach a satisfactory outcome at the workplace. An employee who wishes to appeal in respect of any of the following should do so in writing to their Head of Service.

The appeal may be:

Against the decision taken by their manager That the time taken to respond is outside the statutory procedure That the procedure was not followed

The Head of Service will hear the appeal, and act as Hearing Officer. The Hearing Officer must arrange an appeal meeting to take place within 14 calendar days after receiving notice of the appeal.

S/he will be accompanied by a Human Resources Adviser not previously involved in the original decision.

The employee has the right to be accompanied by their trade union representative or a work colleague.

In some cases where employees qualify for statutory rights will be able to pursue their request with third party involvement. This may be by referring their request to ACAS, to an employment tribunal, or by using another form of dispute resolution.

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SECTION THREE: SUPPORTING DOCUMENTS

Appendix 1: Flexible working hours request form

Name of employee:  

Service Area::

Job Title  

Start date with the Council:  

Date form submitted:  

Contact Details:  

I wish to submit a request for flexible working hours as detailed below. I am applying for flexible working for the following reason (please choose the one that most accurately reflects your reason)

I would like to achieve a better balance between work and home life

OR

I have responsibility for: a child under 17 a disabled child under 18 adult

I am making this request to help me care for the child/adult, as I am

CHILD The mother, father, adopter, guardian, special guardian or foster parent of the child; OrMarried to, or the partner or civil partner of, the child’s mother, father, adopter, guardian, special guardian or foster parent.

ADULTThe spouse, partner, civil partner or relative of the adult in need of care; OrNot the spouse, partner, civil partner or relative of that adult, but live at thesame address.

Previous applications for flexible working

Have you submitted a previous request for flexible working? (If yes, please answer the next question.)

Yes No

When did you submit your last request for flexible working?  Date:

Pattern of working

Please state the pattern of working you are seeking by providing information under one or more of the following three headings:

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1. I would like to reduce my working hours from [current number of hours worked] hours to [the number of hours you would like to work] hours per week.

 Current   

New Arrangement

2. I would like to alter the days I work and/or the timing of my working hours so as to work at the following times (please indicate the days/times of day you would like to work).

 Current   

New Arrangement

3. I would like to do all/some of my work from another location (please be precise about the number of hours and days/times of the week and where you would like to work). Please refer to the Flexible Working (Location) Policy.

 Current   

New Arrangement

I would like the above change(s) to my working pattern to take effect on:  

Please state the effects that you think the changes you are requesting will have on the Council's ability to promote its service and on your department, your colleagues, etc.

   

Please state how you think any such effect might be dealt with.

   

I have read and understood the Flexible Working (hours) policy. I confirm that the information stated above is correct and that I understand that where I have deliberately given false information this will result in my application for flexible working being immediately rejected without the right of appeal.

Signed:   Date:  

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Appendix 1 (cont): Flexible working hours request form

Notes:Once you have submitted a valid application for flexible hours working, you will be contacted to arrange a meeting, which will take place within 28 days of the application being submitted, to discuss how the pattern of working you have requested might be made to work. If your request is granted, it will mean a permanent change to the terms and conditions of your employment.

It will help us to deal with your application if you provide as much information as you can about your desired working pattern. It is also important that you complete the questions about the effects that you think the changes you are requesting will have on the Council and your colleagues, as your application may otherwise not be valid. It is advisable that you think through and have maximum three (3) options that you can put forward for your discussion with your line manager during the meeting. This will help give the managers and yourself some flexibility in finding a workable solution for your request.

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Appendix 2 – Flexitime Scheme (Abridged Version)

Note: This policy is the current Council Flexitime policy. However, as it was agreed in 1986 many of the terms are out of date.

Introduction

1. Agreement has been reached between the Council and the local Branch of NALGO (Unison) for a scheme for flexible working hours (flexitime) to be worked by appropriate officers within all Directorates/Divisions.

2. The aim of the scheme is to give individual members of staff as much flexibility as possible in completion of their hours of work subject to certain conditions, to ensure that the Council’s interests are protected and the exigencies of the service. In this connection the scheme is agreed on the basis that each workplace must be adequately staffed during business hours in order that essential services are maintained.

3. It follows therefore that it may not always be possible to agree to an individual’s personal choice in regard to starting and finishing times.

4. Heads of Service have the responsibility to ensure that sufficient staff are available to maintain an adequate level of service. Heads of Service through their Section Heads will therefore agree in advance with their staff how best to combine the degree of flexibility required by staff with the requirements of the job.

5. The operation of the scheme will be reviewed and revised if necessary at the request of either the Council or the local Branch of NALGO (Unison).

6. It is agreed by both staff and the Council that the scheme must be made to work to the mutual advantage of both and that it must not be allowed to lead to inefficiency or cause management problems. Full cooperation on both sides will be necessary to avoid this and will be a fundamental requirement to the scheme.

What are the advantages and disadvantages?

7. The principle is that with certain limits, you will be able to choose the times you start and finish work; so that, in effect, you can work at times to fit in with your personal and family circumstances.

8. It is not necessary to work the same hours every day. However, if you do not want to change your hours from those you work at present, there is no need to do so.

9. The introduction of this scheme will not affect your terms of employment, but it must be pointed out that the introduction of flexitime must not cause the operational efficiency of the Directorate to suffer.

10. For the scheme to be used to the greatest benefit, there must be the utmost cooperation between all members of staff, as it will be appreciated that there are times when it is necessary to maintain a sufficient number of staff in each section to answer telephones and to maintain the work flow. In some sections, it may be necessary to draw up a rota to ensure adequate cover during standard working hours.

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Some of the advantages to you

11. (a) It is easier to adjust your working day to suit your personal arrangements.

(b) Travelling is made easier – in some cases travelling can be arranged with friends or relations thereby cutting cost.

(c) Some possible anxieties about being late are eliminated.

(d) Time worked in addition to standard hours (i.e. those operating before the introduction of flexible working) is credited to you – you can work outside normal hours and adjust your attendances to suit your work load.

(e) You have the facility to take earned time off up to the maximum provided by the scheme by prior arrangement with your Supervisor, which can be used without losing any of your holiday entitlement.

(f) You can take longer, or shorter, lunch breaks, as you wish, subject to a minimum break of half-an-hour.

The Main Disadvantages Arising Are:

12. (a) It is necessary to use a recording system to calculate the number of hours worked by each member of the staff.

(b) Sometimes the person you want to contact is not in the office as he/she has either not arrived or has left early.

The conditions to be applied upon the introduction of the scheme will be as follows:

13. A. Official Opening Hours 0900 – 1700

The hours during which the Council Offices are open to the public and the telephone switchboard is manned.

B. Maximum Working Day 0800 – 1830

The maximum limits of normal daily working times which staff may work under the scheme (known as “Band Width”). Time worked outside the band width will not count for the purposes of the scheme.

C. Minimum Working Day

The minimum limits of normal daily working times i.e. the part of the day worked as “Core Time”.

D. Standard Working Day

The normal contracted daily hours 7 hours 12 minutes.

E. Lunch Break 1200 – 1400

The period during which a lunch break must be taken. Minimum of 30 minutes. After 6 months operation this provision to be reviewed jointly in the light of the

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practical working of the Scheme by the Council and the Branch; any adjustment to be agreed on both sides.

F. Core Time

0930 – 1200 1400 – 1600.

G. Flexible Time

Arrival 0800 – 0930Departure 1600 – 1830Lunch Break 1200 – 1400

The rest of the working day: subject to the requirement to maintain the level of service.

H. Settlement Period

The period (4 weeks) during which all staff must work the total standard hours (144 subject to Bank Holidays, etc.), subject to any carry over.

I. Carry Over

Hours carried over as credit or debit from one settlement period to another.

(i) Credit hours in excess of 10 at the end of each settlement period will be lost and not rank for paid overtime or affect the annual leave settlement (except by prior arrangement with the Head of Service).

(ii) Debit hours in excess of 8 cannot be expunged by sacrifices of salary or annual leave entitlement.

J. Flexi leave

The means by which credit hours are reduced without affecting any annual leave entitlement.

Maximum 1 day, i.e. 7 hours 12 minutes or 2 half days, i.e. 3 hours 36 minutes in each settlement period.

K. Absence Allowance

An allowance of time credited up to a maximum of 7 hours 12 minutes each day for those members of staff who would be prevented from carrying out their usual duties for unauthorised reasons i.e. absences due to sickness, holidays, day release, conferences, etc.

Appropriate absence during core time shall be allowed to attend ante/post natal clinics, appointments connected with cervical screening and the occupational health doctor or other absences where there is a statutory/agreed right.

Where it is necessary for staff to attend medical or dental appointments, these should be fixed in flexible time. Absence during core time may be authorised by Section Heads in cases of emergency.

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Absence on compassionate grounds should also be agreed by Section Heads or where appropriate by the Head of Service.

If staff spend a whole day, or start or finish their working day away from their place of work, they will be credited with the time spent on official business plus approved travelling time.

L. Overtime

Time worked outside the band width including e.g. evening committee attendance will continue to be treated as overtime, subject to prior authorisation.

Time worked inside the band width will be treated as overtime only where an officer is asked to do so by his/her Section Head and has already worked a standard day or where authorised exceptionally in special circumstances.

Payment for overtime will be governed by the terms of the Scheme of conditions of service and will not count for the purposes of Flexitime.

M. Trade Union Officers/Representatives

In the case of accredited trade union officers/representatives who are absent from their normal duties on approved trade union business, their working day will be deemed to have been completed 7 hours 12 minutes (plus lunch break) from their start time on that particular day i.e. a standard working day.

N. Public Service

Time spent on approved public service will count for purposes of the scheme of a daily rate of 7 hours 12 minutes i.e. a standard working day.

O. Exceptional Travelling Difficulties

If, because of severe weather conditions, authorisation is given to leave early on a particular day, officers will be deemed to have worked 7 hours 12 minutes. Credit time will also be given on those occasions where officers experience genuine difficulties in arriving for work as a consequence of major power failures etc.

P. Temporary Suspension of Flexible Working Hours

It is possible that circumstances outside the Council’s control might arise when limitations must be imposed temporarily on the flexible working hours system. If this becomes necessary as much notice as possible will be given.

Q. Abuse of System

Any member(s) of staff who fail(s) to comply with the rules of the scheme or the spirit of the scheme may be requested to return to working a fixed day. Anyone found abusing the scheme may be liable to disciplinary action.

R. Exemptions and Exclusions

This scheme will not apply to Head of Service or their Deputies. Other than this exemptions and exclusions from the scheme will be those proposed by Heads of Service subject to notification and acceptance by the Branch.

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S. Disputes

Any member of staff exempted under “R” above may appeal against such an exemption in accordance with the agreed local grievance procedure for officers.

Similarly any dispute which may arise in these or any other aspects will be treated as a grievance and will be dealt with in accordance with the agreed local grievance procedure for officers.

T. Time Outside Band Width and on Saturdays and Sundays

Time worked before 0800 and after 1830 or at any time on Saturday and Sunday will not be recorded and will not count for the purposes of the scheme. If such time is overtime which has been duly authorised, it should be recorded in the manner required in the Directorate for overtime.

U. Personal Responsibility

Keep an accurate record of your hours.

V. End of Settlement Period.

Make a note of the number of credit or debit hours applicable to you. These will be carried forward to the next settlement period.

A list of all credit and debit hours will be held by your Supervisor and will be examined to identify any member of staff who has had more than the allowed number of debit or credit hours and, except for differences of no significance, the officer concerned will be asked to discuss the reason, with the Supervisor concerned.

W. Resignations

If you leave your appointment you will be expected to be in balance on your last day of service.

X. Infringements

If the same person seems often and for no obvious reason to be infringing the rules of the scheme, then the position will need to be discussed with the officer concerned. Should this be necessary, a list of the infringements will be made and a copy given to him/her.

Recording Flexitime

All arrival and departure times must be recorded.

Employees are required to record their times, preferably on a excel spreadsheet

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or if not available, manually. It is recommended that managers determine locally what method is to be used and that everyone uses the same system.

In all case, managers are responsible for ensuring flexitime is recorded correctly, that records are authorised at the end of each accounting period and held in a central file for audit purposes.

SECTION FOUR: MORE INFORMATION

For more information please contact the Human Resource Service Team, via the Internal Shared Service Centre on 01708 433 333.

SECTION FIVE: POLICY OWNERSHIP AND EFFECTIVE DATES

Policy owner: People and ChangeApproving body: CCNFDate approved: September 2011 Effective date: October 2011 Review date: October 2012, or as required by changes in

legislationVersion: 1

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