NEWMAN UNIVERSITY
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Flexible Working Regulations Policy
1.
Introduction
1.1
Newman University has a commitment towards the implementation of work-
life balance initiatives for all employees. Work-life balance is about
employees having a measure of control over when, where and how they
work. It is achieved when an individual's right to a fulfilled life inside and
outside paid work is accepted and respected as the norm, to the mutual
benefit of the individual, institution and society.
1.2
The term flexible working includes flexibility in relation to time (e.g. part-time
work, shift work), location
(e.g. home-working), the pattern of hours worked
or job sharing. It is acknowledged that as a research active institution, some
staff are able to adopt flexibility in their working lives in order to fulfil their
roles which does not require the implementation of a formal flexible working
agreement.
1.3
The operational requirements of Newman University must be taken into
account when considering the needs of its employees, students and other
stakeholders. In order to meet demands and ensure a good standard of
service delivery requires greater flexibility in the way our working patterns
and practices are designed and implemented.
2.
Statement of Intent
2.1
Newman University accepts its employment obligations under the Flexible
Working Regulations 2014 and in order to achieve mutual benefit for the
individual, institution and society, the institution will act in a fair and
reasonable manner in considering and approving applications for flexible
working in relation to these statutory duties.
3.
Policy
3.1
The scope of the policy and procedures applies to all employees of Newman
University and covers the arrangements for requesting and approving
applications for flexible working subject to their eligibility under the
Employment Rights Act 1996, Children and Families Act 2014 and Flexible
Working Regulations 2014 (SI 2014 / 1398).
Flexible Working Regulations Policy
Agreed: JNCC June 2016
Review Date: June 2019
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3.2
All eligible employees may request to work in a more flexible way or vary
their working patterns. Agreement to the request will be subject to the
service level demands.
4.
Eligibility
4.1
All employees of Newman University who have a minimum of 26 weeks’
continuous service have the right to request flexible working and to have their
request considered seriously by the institution.
4.2 To make a request an individual will:
be an employee of Newman University
have worked with Newman University continuously for
at least 26 weeks at the date the application is made
not be an agency worker
5.
What Type of Changes Can Be Applied For?
5.1
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 home
a change to working patterns such as annualised hours, compressed
hours, flexitime, job-sharing and term-time working.
5.2
The Policy does not provide employees with an automatic right to work
flexibly as there will always be circumstances when the University is unable
to accommodate the employee’s desired work pattern. The employee has a
responsibility to carefully consider their request for flexible working when
making an application. The University has a responsibility to act reasonably
and follow the procedure specified below to ensure requests are given
serious consideration.
Flexible Working Regulations Policy
Agreed: JNCC June 2016
Review Date: June 2019
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6.
Procedure
In summary, the procedure is as follows:
6.1
The employee makes a considered application in writing to their manager.
Only one application per rolling year may be made. Accepted applications will
mean a
permanent change to the employee’s own terms and conditions of
employment, unless temporary arrangements are specifically agreed between
the University and employee. It is important therefore that, before making an
application, the employee gives careful consideration to the working pattern
and any financial implications. Any request made under this policy must
include:
The date of the application
The changes that the employee is seeking to their terms and
conditions
The date on which the employee would like the terms and conditions
to come into effect
What effect the employee thinks the requested change would have on
the University
How, in their opinion, any such effect might be dealt with
A statement that this is a statutory request
Whether or not the employee has made a previous application for
flexible working
If the employee has made a previous request, when the employee
made that application
6.2
Within
28 days of receipt of the request, the line manager will arrange a
meeting with the employee to explore the proposed work pattern in depth,
and to discuss how best it might be accommodated. A representative from
Human Resources will be invited to attend the meeting. Alternative working
patterns may be discussed should there be problems in accommodating the
work pattern outlined in the employee’s application. The employee can, if
they want, be accompanied by a workplace colleague or a Trade Union
Representative to the meeting/s.
6.3
Within
14 days of the meeting, the line manager with support from Human
Resources, will write to the employee to either agree a new work pattern and
a start date; or to provide business grounds why the application has not been
Flexible Working Regulations Policy
Agreed: JNCC June 2016
Review Date: June 2019
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approved and setting out the appeal procedure. If the request is not
accepted, it will be for one of the following business reasons as set out in the
legislation:
The burden of additional costs
An inability to reorganise work amongst existing staff
An inability to recruit additional staff
A detrimental impact on quality
A detrimental impact on performance
Detrimental effect on ability to meet student needs or customer
demand
Insufficient work for the periods the employee proposes to work
A planned structural change to the institution
6.4
There is a three month time limit, starting with the date on which the
application is made, within which the University must make a decision about
the request but time periods can be extended where both Newman University
and the employee agree. Any extensions must be recorded in writing by the
employer and copied to the employee.
6.5
Where an employee fails to attend both a first meeting and a rearranged
meeting, either at the initial decision stage or an appeal stage, without good
reason, the University may treat the application as having been withdrawn by
the employee. The University will notify the employee that it has decided to
treat their conduct as a withdrawal of the application.
7.
Appeal Procedure
7.1
An employee has the right to appeal against the University’s decision within
14 days of notification. This appeal should be made in writing to the relevant
senior manager (and a copy to Human Resources) and must clearly outline
the grounds of the appeal.
7.2
Human Resources will convene an appeals meeting with all parties, with the
senior manager (in section 7.1) chairing the appeal meeting.
7.3
The senior manager will hear the appeal and make a final decision, with
support from Human Resources, on the request for flexible working; they will
outline the reason/s why the application has been approved or rejected. The
Flexible Working Regulations Policy
Agreed: JNCC June 2016
Review Date: June 2019
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decision will be in writing and given to the employee within 14 days of the
appeal hearing.
7.4
The employee has no further recourse to appeal against the final decision
within the University.
8.
Policy Review
8.1
This policy will be reviewed 3 years from the date of implementation and
earlier if circumstances or legislation dictates. Any proposed amendments will
be subject to consultation. Such amendments will be notified to employees
through the normal communication channels and/or e-mail. The policy will be
maintained on the Human Resources site on SharePoint.
Flexible Working Regulations Policy
Agreed: JNCC June 2016
Review Date: June 2019
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