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This policy sets out UCL's approach to flexible working and how employees can submit a flexible working request
Flexible Working Policy
This policy sets out UCL's approach to flexible working and how employees can submit a flexible working request
Contents
- Introduction and purpose
- Scope
- Types of Flexible Working
- How to request flexible working
- UCL's approach to flexible working
- Contractual status
- Appendix 1: Types of Flexible Working
- Appendix 2: Flexible Working Procedure
- Submitting a request
- Considering a flexible working request
- Communicating the decision
- Request approved
- Trial Periods
- Request Rejected
- Appeal
Introduction and purpose
1. Flexible working is any type of working arrangement that provides flexibility on how long, where and when an employee works.
2. Flexible working can provide employees with an opportunity to meet their responsibilities and interests outside work and help them to achieve a good work life balance.
3. This policy sets out the types of potential flexible working options that may be available and the procedure to follow to apply for flexible working.
Scope
4. The policy applies to all UCL employees, regardless of length of service, contract type, job role or reason to ask for flexible working.
5. This policy addresses the statutory requirement to consider requests for flexible working for any reason.
6. Where a flexible working request is related to remote working, this policy should be read in conjunction with the Hybrid Working Guidance and the Guidance for Remote Working. Campus is the contractual place of work, unless another contractual arrangement has been agreed.
Types of Flexible Working
7. Individual total working hours and patterns are specified in the employee’s contract of employment.
8. Unless otherwise stated in the employment contract, the normal start and finish times are determined by the Head of Department.
9. Flexible working arrangements must conform to the Working Time Policy.
10. There are many different types of flexible working that can be requested under this policy, including:
- Part-Time working, including job-share.
- Compressed hours
- Remote or hybrid working
- Staggered start and finish times
- Flexitime
- Term-Time only hours
- Annualised Hours
- Flexible Retirement
Requests to increase individual contractual working hours will not be considered under this policy and require a separate discussion between the employee and the line manager.
Further information regarding each type of flexible working is provided in Appendix 1.
11. On occasion, employees may wish to undertake flexible working on a short-term basis to deal with a temporary situation in their life. Under these circumstances, it will be agreed in writing that they will revert to their normal working pattern after the temporary period of flexible working has come to an end.
How to request flexible working
12. Flexible working can be discussed informally with the line manager in the first instance.
13. All employees must complete an application form and both the employee, and the line manager must follow the procedure outlined in Appendix 2.
14. Where employees need reasonable adjustments to their working hours or working pattern because of a medical condition and/or disability, UCL encourages them to discuss this with their line manager outside of the Flexible Working Application Process. This enables tailored adjustments to be considered in broader terms, over and above amendments to working arrangements, and provides for reviews to be conducted as and when needed. The formal flexible working application process remains open to all employees, included disabled employees, should they wish to apply.
15. Employees can only normally make two applications for flexible working in any 12-month period.
UCL's approach to flexible working
16. UCL’s approach to flexible working is to agree to requests wherever possible. Line managers must approach a request with an open mind and must also be receptive to exploring all viable and alternative forms of flexible working. However, it is also recognised that it may not always be possible to accommodate a flexible working request.
17. Employees are also encouraged to be flexible and consider alternative working arrangements that may be appropriate if their preferred flexible working request cannot be accommodated.
18. Line managers can reject requests, if this is for one or more of the permitted reasons and it can be justified. Line managers must consult with the employee before refusing a flexible working application.
19. If the employees’ post is externally funded, it may be necessary to discuss the request with the funding body. However, if it is rejected, it must still be for one or more of the permitted reasons.
20. Line managers must always seek advice from their HR Business Partner if they are considering rejecting a request.
21. The flexible working arrangement might be subject to a trial period.
22. Where changes are agreed to an FTE, the employee will receive a letter confirming the change.
23. If the department’s requirements change, which could involve varying an employee’s work pattern or FTE, this will require individual consultation via the Organisational Change Procedure and the employee’s contract cannot be changed without their agreement.
24. Changes to working arrangements, if approved, may include the stipulation that the manager may need to request work outside the agreed pattern, in exceptional circumstances, and in such instances time off in lieu will be offered. As much notice as possible must be given in such circumstances.
25. Line Managers should consider the following when reviewing the extent to which flexible working could operate in the department:
- Any potential costs and benefits associated with the proposed arrangements.
- Any potential impact on departmental or UCL objectives
- The effect of the proposed arrangements on other employees, students, research sponsors, service users or third parties
- The need for, and effect on, supervision
- The existing structure of the department
- The tasks specific to the role
- The workload of the role and wider department
- Whether it is a request for a reasonable adjustment to a disability
- Health and safety issues
Contractual status
26. This policy does not form part of any employee’s contract of employment and UCL may amend it at any time after consultation with the recognised trade unions.
Appendix 1: Types of Flexible Working
1. Part-time working
- This option allows employees to reduce their working hours.
- Before deciding to request part time working, employees should seek information regarding the impact on salary, pension and other benefits.
- Decisions must be made as to whether the remainder of the post needs to be filled and if this is the case, any agreement to part-time working may be contingent on the department being able to recruit to the remainder of the post.
- Part-time employees are entitled to the same rates of pay and holiday (pro rata) as full-time workers doing the same kind of job, and the same entitlement (pro rata) to pension, maternity leave, sick pay, access to training and promotion etc.
- A reduction in hours will usually be permanent and there is no automatic right to return to full time working.
2. Job-Share
- Job sharing is a particular form of part-time working, where all aspects of a job are shared between two people. Alternatively, certain roles may be suited to 2 part time roles, rather than a job share. If there is doubt, the HRBP can be consulted.
- Job share works best when both workers have some time a week to overlap, to enable the effective handover of information and to allow them both to attend team meetings.
3. Compressed Hours
- Compressed Hours means that an employee works their total contractual hours by working longer hours on some days in order to work shorter, or no hours on other days.
4. Remote and Hybrid Working
- Please see the Hybrid Working Guidance (Professional Services and Technical Staff), Interim People Management Guidance (Academic, Teaching and Research Staff) and the Remote working Guidance, for information on working remotely. Employees may also request to work remotely on a permanent basis on certain days, by submitting a flexible working request. However, this may not be possible, due to the nature of the service being provided. For guidance on working overseas please see the Global Mobility Policy.
5. Staggered Start and Finish Times
- These arrangements usually involve individuals or teams working a set of "core hours" in which they are obliged to attend work, with periods either side of the core, within which they can choose their start and finish times providing they are working their total contractual hours. Requests to work outside of normal operational hours for a particular department, may be a valid reason for refuse a request.
6. Term-time working
- This type of flexible working allows for staff to work to the UCL standard terms dates (30 weeks a year) and to not work at all during the UCL holidays, but are paid all year round at a pro-rata rate. Whilst this working arrangement is already in operation in some departments, it may not be possible in all departments due to the nature of the service being provided.
- Salary in these circumstances is usually paid over twelve months of the year and annual leave is taken outside term time. Please See Term Time Contracts Guidance for further details
7. Annualised or guaranteed minimum hours
- The employee has to work a certain number of hours over the year, but they have some flexibility about when they work. Whilst this working arrangement is already in operation in some departments, it may not be possible in all departments due to the nature of the service being provided.
8. Flexible retirement and part-time working
- Members of the USS Pension Scheme may apply for flexible retirement (subject to eligibility) and take part of their pension benefits if they reduce their working hours. Employees are encouraged to engage in early discussions with their line manager about reducing their working hours if they are considering flexible retirement. Once a Full Flexible Retirement Quotation has been received, formal applications for reduced part-time working and flexible retirement should be made on this form. Requests will be considered by managers in accordance with this procedure. The Pension Services website contains further information on the USS Flexible Retirement scheme and application process for flexible retirement.
Appendix 2: Flexible Working Procedure
Submitting a request
1. Employees wishing to submit a flexible working application must complete an
and send it to their Line Manager.2. The flexible working procedure can take up to two months, including any appeal, so it is essential that enough notice of any proposed change is provided.
3. If an employee wishes to withdraw their application, they must notify their line manager as soon as possible, in writing. The application will normally be treated as withdrawn if the employee fails to attend 2 planned meetings to discuss the request.
Considering a Flexible working request
4. Before making a decision, Line managers must consider the level of cover within the department, to ensure the level of service is maintained.
5. Managers should also, in consultation with their Head of Department/Division, consider the issues outlined in paragraph 24 of the policy.
6. If the Line Manager is in agreement with the request, they can move straight to communicating the decision, within 21 calendar days of receiving the request, without the requirement for a meeting with the employee, (unless the employee or the line manager would like to do so).
7. In all other cases the line manager must arrange a meeting with the employee to discuss their request without delay and must provide them with a decision within 21 calendar days of receiving the application.
8. The employee is entitled to be accompanied at the meeting by a work colleague or UCL recognised trade union representative. If their colleague or representative is unable to attend the meeting, the employee can postpone the meeting to a more convenient date, and where the postponed date is reasonable and is within one week, the manager will agree to the postponement.
9. The meeting will provide the manager and the employee with the opportunity to discuss the desired work pattern in depth and for the line manager to consider how it might be accommodated within the department.
10. At the meeting, the employee may be asked to expand on any aspects of their proposal and the manager may ask the employee if there are any other working patterns they could consider. Both parties should be prepared to be flexible.
11. Line managers are required to ensure an accurate record of what was discussed and agreed is retained in line with Data Protection requirements.
12. The time limits for the manager to respond to the application can be extended if the manager is absent from work or through agreement between the manager and the employee.
13 There may be exceptional occasions where the procedure cannot be followed within the specified time limits. Extensions of time limits must be agreed with both the manager and the employee, and the manager must make a written record of the agreement.
14. When an application is sent to the manager and it is clear that the manager will be absent from work due to leave or illness for more than 21 calendar days, the matter shall be referred upwards within the Department or Division.
15. All requests must be properly considered. Managers must also ensure that where employees have caring responsibilities, or a disability that requires a reasonable adjustment, all reasonable avenues are explored in light of UCL’s responsibilities under the Equality Act. This may include consulting more widely to explore whether their needs could be accommodated by reallocating duties between employees.
Communicating the decision
16. Within 21 calendar days of receiving the application, the manager must notify the employee of the decision and confirm this in writing using either
or Part C (request rejected), of the Line Manager Decision Form.Request approved
17. If a request is approved, the line manager must complete the
18. All agreed changes to working hours or working patterns must be processed and approved through MyHR using either employee self-service (changes to working pattern) or Departmental Transactions (changes to FTE).
19. Where changes are agreed to an FTE, the employee will receive a letter confirming the change.
Trial periods
20. The line manager or employee may propose a trial period in which to assess the new working arrangements and in this case, the length of the trial period and the method of evaluating its success, should be included in the notification.
Request rejected
21. Requests can only be rejected for one of the following statutory reasons:
- The burden of additional costs (this may include accommodation or equipment or additional administration costs
- There will be a detrimental effect on the department's ability to meet the demands upon it
- It is not possible to re-organise work amongst existing staff.
- The department will not be able to recruit additional staff.
- There will be a detrimental impact on quality.
- There will be a detrimental impact on performance.
- There will be insufficient work during the periods the employee proposes to work.
- There are planned organisational changes.
22. If requests are not accepted because of one or more of the permitted reasons, managers must complete Part C (request rejected) rejection form.
23. Managers must also ensure that any grounds for refusal are based on facts rather than assumptions and must be able to provide evidence if required.
24. Instead of refusing a request outright, managers should give consideration to alternatives to the working pattern that the employee has requested.
25. The manager must keep a copy of the decision form documenting that the request is rejected and forward a copy to their HR Services, via the MyServices Portal, who will save a copy to the employee’s EDRM file. The decision should be consistent with the discussion that has taken place during the meeting.
26. Where a request has been rejected based on departmental circumstances and those circumstances later change which allows more flexibility, managers may revisit the employee’s request via an informal discussion without the need to make another formal request.
Appeal
27. There is no legal right for an employee to appeal the decision about their flexible working request. However, UCL will permit an employee to appeal on one or more of the following grounds, and must be clearly set out in a letter:
- The request was not handled in a reasonable manner, or was in breach of the Equality Act.
- The procedure was not followed correctly.
- The application was rejected based on incorrect facts or information, or where there was a lack of evidence to support the decision or there is new information they wish to be considered.
28. An appeal must be lodged within 7 calendar days of the outcome being communicated, by emailing the Employee Relations Team at ercases@ucl.ac.uk. The employee must set out the grounds for their appeal, using one of the reasons set out above. The employee may provide further information ahead of their appeal hearing, if they need more time to take advice, or to spend time wording their appeal.
29. Every effort will be made to arrange an appeal hearing as soon as possible.
30. Meeting attendees will normally comprise of the employee and the following:
- An independent manager of the same or higher grade than the manager who originally dealt with the flexible working request, providing they have not previously been involved in the case and they have the authority and ability to overturn the original decision.
- An Employee Relations Manager, who will be able to advise on process.
- The employee’s chosen companion i.e., a trade union representative or work colleague.
31. The manager chairing the appeal may need to consult with another specialist member of staff.
32. If the employee’s companion is unable to attend, the employee can request a postponement. The meeting will be rescheduled as soon as possible.
33. It is not necessary for the original decision-making manager to attend the appeal hearing, but the appeal hearing manager may consult with them either before, during or after the meeting if they need to clarify anything.
34. Before confirming the outcome of the appeal, the manager hearing the appeal must consult with the relevant manager and discuss the proposed outcome.
35. The Employee Relations Manager will normally advise the employee of the decision of the appeal in writing. The decision will be confirmed as soon as possible.
Appeal Upheld
36. If the appeal is upheld the written decision must include a description of the new working pattern, state the date from which the new working pattern is to take effect, and be dated as per point 11 above. A copy of the notification will be held on the individual's HR file.
Appeal Refused
37. If the appeal is refused, the written decision must set out the reason for refusal in this case and provide a sufficient explanation of the grounds for the decision. A copy of the notification will be held on the individual's HR file and the Line Manager will be informed of the outcome. The Appeal Panel's decision shall be final.