Flexible Working

4.1 By law all employees have a legal right to request flexible working and employers must deal with the request in a reasonable manner. (Flexible Working Regulations 2014).

4.2 To be eligible an employee must have worked for the organisation for at least 26 weeks. However PVCSE has taken the view that very employee is entitled to submit a request for flexible working, regardless of their length of service.

4.3 An employee can submit one flexible working request in a 12 month period. However an employee can make additional requests if they relate to a statutory entitlement, such as reasonable adjustments under the Equality Act 2010.

    1. The process is detailed below.
    1. All requests must be made in writing to the Chief Executive Officer (CEO).
    2. Requests must include:
  • the date of the application
  • the changes that the employee is seeking to their terms and conditions
  • the date from when the employee would like the proposed change to come into effect
  • what effect the employee thinks the requested change would have on the organisation
  • how, in their view, any such effect could be dealt with
  • whether this is a statutory or non-statutory request
  • whether a previous application for flexible working has been made
  • the dates of any previous applications.
    1. If an application does not contain all of the required information their line manager will explain to the employee what further information they need to provide and ask the employee to resubmit the request.

4.8 The employee must make it clear if their request is in relation to the Equality Act 2010, such as a request for reasonable adjustments relating to a disability.

​​​​​​​5.1 On receiving a request the line manager will arrange a meeting with the employee to discuss the request, the proposed working arrangements and how they could benefit both the organisation and the employee. This meeting will be held within 28 days of receipt of the request. This time limit can be extended by agreement with both parties of needed.

If the date is problematic then a further date can be proposed.

5.2 The employee will be given advance notice of the time, date and place for the meeting. With the current COID-19 situation, all such meetings will be virtual.

5.3 The employee can be accompanied by a workplace colleague or trade union representative if they wish.

5.4 If an employee fails to attend a meeting and then fails to attend a rearranged meeting without good reason, PVCSE will consider it withdrawn.

5.5 Where a request can be approved without the need for a meeting, PVCSE will confirm its agreement to the request in writing within 28 days of receiving the application.

5.6 In responding to a flexible working request PVCSE will consider the potential benefits and adverse effects of the proposed changes for the employee and the organisation.

5.7 Each request is considered on a case by case basis. No precedent is set or employee right created simply because one request may be similar to another.

5.8 The employee will be informed in writing no later than 14 days after the meeting has been held (where a meeting has been held).

5.9 PVCSE may grant the request in full, in part or refuse it. It may propose a modified version of the request e.g. the request may be granted on a temporary basis, or the employee may be asked to try the flexible working arrangement for a trial period.

5.10 If the request is agreed then the employee will be sent a confirmation letter which will include details of the new arrangements. The employee should contact their line manager within 14 days if they wish to discuss the new arrangements further or have any concerns.

​​​​​​​6.1 Where there is some uncertainty about whether the flexible working arrangement is practicable for an employee and/or the organisation a trial period may be agreed.

6.2 If a trial period is arranged the organisation will allow enough time for an employee and their manager to implement and become used to the new working practices before taking any decisions on the viability of a new arrangement.

 

​​​​​​​7.1 Where flexible working practices are agreed as a permanent change, a variation will need to be made to the employee’s contract of employment. A new contract of employment will be sent to the employee within 28 days of the change to the employee’s working pattern being agreed.

7.2 If the employee has any questions or concerns about the new contract of employment, they should contact to discuss the matter further with their line manager.

7.3 Where a trial period has been arranged PVCSE will provide the employee with a document that details their new working pattern and makes clear that it is only a temporary variation to the terms of the employee’s contract. This includes start and end dates, although these can be changed in agreement with the employee.

7.4 PVCSE reserves the right, at the end of the agreed trial period, to require the employee to revert to their previous working arrangement.

 

8.1 PVCSE supports an inclusive and diverse workplace and is strongly opposed to any form of victimisation of individuals who work, or request to work under flexible working arrangements.

8.2 If an employee feels that they have been treated unfairly or are dissatisfied with any stage of the flexible process, they should raise their concerns informally with their line manager

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

8.4 An employee can appeal if their request is refused or only agreed in part.

8.5 An employee must lodge an appeal in writing within 14 days of notification of the decision about their application, stating the grounds for the appeal.

8.6 The appeal panel will be made up of the two trustees from the HR Sub Committee.

8.7 The appeal will be heard within 14 days and the employee notified of the outcome within 14 days of the appeal meeting. These time limits can be extended with the agreement of all parties. The panel’s decision is final.

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