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• Margot James MP
Department for Business, Energy &Department for Industrial Strategy 1 Victoria Street London
Business, Energy & Industrial Strategy SW1H OET
T +44 (0) 20 7215 5000
Rt Hon Maria Miller MP W www.gov.uk
Chair of the Women and Equalities Select Committee House of Commons
Our ref: MCB2017/27580 Your ref:
London SW1A OAA l.\ December 2017
~A~ l~
I
t?L, When I gave oral evidence to the Women and Equalities Committee Fathers and the Workplace inquiry on 22 November I promised to follow up on a number of points.
Firstly, at the time of the session, I was expecting that we would be able to publish the Government's response to Matthew Taylor's Review of Modern Working Practices before the end of the year. In fact, we are taking time to work through all of the Review recommendations and our response will be published soon in 2018.
Secondly I said that I would provide you with the flexible working policies that have been adopted across the Civil Service and whatever take-up figures were available.
The Civil Service does not have a unified flexible working policy. It is for each Department and Agency, under their delegated powers, to decide how to address this issue to meet their diverse workforce and business needs. I attach a copy of the BEIS policy.
To support departments, Civil Service Employee Policy produces Gateway guidance for organisations to load on to their intranet sites if they wish. This gives general advice to employees and managers. I attach the Flexible Working Gateway.
On take-up of flexible working, we do not hold figures centrally because flexible working is very much engrained in the Civil Service culture and is managed at the local level. As Mark Holmes said at the hearing, his own team is an illustration of this point, with a great deal of flexible working, encompassing a number of practices. Those locally-agreed arrangements are not centrally recorded.
ONS publishes information on the overall number of civil servants working part-time. These figures form part of Civil Service Statistics, available on GOV.UK searchir,g for "Civil Service Statistics 2017".
77% of civil servants work full-time and 23% work part time. This means that a smaller proportion of employees in the Civil Service work part time relative to the overall population
(16-64) in the UK. By gender, around 91% of men in the Civil Service work full time, compared to 64% of women.
I also undertook to provide you with a full list of members of the business Diversity and Inclusion Group which I chair. I attach that list as an annex to this letter.
I hope this additional information is helpful. I remain grateful to you and to the members of the Committee for inquiring into this important issue, and I look forward to reading the Committee's report in due course.
"MARGOT JAMES MP Minister for Small Business, Consumers & Corporate Responsibility
EXTRACT FROM THE BEIS INTRANET – FLEXIBLE WORKING GUIDE (POLICY
SECTION)
Flexible working Guide
1. Flexible working
2. Flexible working policy
3. Flexible working procedures
4. Flexible working advice
5. Flexible working advice: benefits
6. Flexible working advice: best practice
7. Flexible working advice: managing flexible teams
8. Flexible working forms
2. Flexible working policy
From 30 June 2014, all employees are eligible to make statutory request for flexible working.
We are in the process of fully revising the BIS flexible working policy, procedures and advice
but in the meantime, we have made minimal updates to the existing arrangements to reflect
the new legislation.
1.1 Who the policy applies to
The policy applies to all BIS employees, and staff on loan from other government
departments or on secondment into BIS, where they are employed on BIS arrangements. It
does not apply to agency workers. Staff on loan or secondment into BIS wishing to change
their working arrangements will need to do this through a variation to the terms of their
original loan or secondment contract.
1.2 What is flexible working?
Flexible working provides employees with the opportunity to work a range of working
patterns that can help them balance their work and personal commitments alongside the
needs of the business. There are benefits both for the Department and for the individual.
Some, but not all types of flexible working arrangements, will affect an employee’s terms and
conditions, pay or benefits.
1.3 Principles
Managers have discretion to grant or refuse requests for flexible working but line managers
must consider all requests fairly and evenly and on their individual merits, taking account of
the needs of the business and the team with those of the individual. As business needs
change, managers should review any existing arrangements against the changed
requirements. See Flexible working: Procedures.
Flexible working must always be consistent with business requirements, including
consideration of the impact on the business area of differing working patterns within the
wider team. The opportunity to apply for flexible working arrangements should be available
to all.
Flexible working should:
enable the team to maintain its quality of service and work together effectively
be reasonable
provide a balance of benefits to both the individual and the Department
It should not:
create an additional burden which might become onerous to the team
limit the team’s normal ability to meet the Department’s objectives
prevent the team from meeting its needs to provide services to Departmental
colleagues or other customers
Flexible working best practice sets out how employees and managers can adhere to these
principles.
1.4 Roles and responsibilities
Employees must:
comply with procedures for requesting flexible working
review the effectiveness of arrangements at agreed intervals, and as a minimum
annually, with their managers
ensure their working pattern is recorded correctly on the HR system
Maintaining contact with the team is an essential part of flexible working arrangements. In
order to secure team morale and cohesion, employees must also ensure that:
their working pattern is publicised, for example: in electronic calendars
they are clear about their responsibilities so extra workload is not being created for
the rest of the team
they contact their manager and colleagues regularly to review work priorities and to
‘catch up’
if home working, they are able to dial in for any vital conference calls and team
meetings, if necessary
they attend team meetings wherever possible, or, if home working, use conferencing
facilities to dial in
they keep in touch with what is going on and are able to access the Department’s
intranet
take account of best practice
Managers must:
advertise all vacancies on a flexible working basis unless there are specific reasons
why this cannot be accommodated for a particular post
consider all requests for flexible working fairly and evenly and on their individual
merits, taking account of the needs of the business and the team with those of the
individual. Any arrangement must still enable the team to operate effectively
confirm conversations regarding flexible working arrangements in writing and provide
the business rationale for their position if refusing a request or proposing a change of
existing arrangements
managers may suggest a trial period before an arrangement is formalised
ensure employees who work from home are aware of key information about health
and safety, security and equipment
review flexible working arrangements with the employee at agreed intervals, as a
minimum annually
manage the whole team, including employees working standard and flexible working
arrangements. They should consider the impact of flexible working on the wider team
ensuring that extra burden is not created for others and take action to make
adjustments as appropriate
consider if their management approach needs adapting in any way to more effectively manage remote workers
1.5 Contractual changes
Some flexible working arrangements can be agreed based on employee’s existing terms and
conditions. Changes such as part-time working or regular home working may require
contractual changes. See the relevant policy for details.
1.6 Career development
Flexible working should not affect an employee’s career development. Employees and
managers are obliged to arrange milestone reviews in order to check the success of all
flexible working arrangements and review career development as part of the performance
review process. Employees working under flexible working arrangements will want to ensure
that evidence of their performance is accurately captured through the performance
management feedback mechanisms, and may also want to make use of other measures,
such as mentoring relationships.
1.7 Requesting and dealing with applications for various types of flexible working
The Flexible working procedures explains how an employee can request a flexible working
arrangement and how line managers should deal with such requests. Flexible working
advice provides answers to frequently asked questions.
Policies, procedures and advice on specific working arrangements are set out below. Where
there is no link to a specific policy, procedures or advice, refer to the over-arching flexible
working policy (this page), procedures, or advice.
Annualised hours / term time working
Annualised hours and term time working arrangements involve agreeing varied
working hours spread unevenly throughout the year. Term time working involves a
working pattern during school term time and usually a pattern of not working during
school holidays
Compressed hours
Compressed hours working allows a person to work their full time conditioned hours
in fewer than 5 days a week, for example: a 9-day fortnight. Arrangements will not
affect your salary or benefits as you will still work your original full time hours
Home working
Working from home on an occasional or regular basis
Job share
Two employees covering a single post by sharing the work, each working part-time
Part-time working
Working part-time, which requires a change to an employee’s contractual terms and
conditions
Right to request flexible working
Some employees have additional statutory rights to request a new working pattern.
See the guidance for further details and the statutory procedure
Flexible Working A gateway guide for managers and employees
Main menu
Introduction and navigation
Types of flexible working
Manager’s responsibilities
Options for flexible working arrangements
Employee’s responsibilities
Where do I fit in?
Managing requests for flexible working
Legacy flexible working arrangements – manager’s guide
Give feedback about this product
Introduction and navigation
Introduction
Business delivery can be more effective in modern workplaces that enable
flexible working, in line with business needs.
The Department supports and encourages flexibility and will challenge
assumptions about traditional ways of working, taking account of the needs
of our work, customers and employees.
Flexible working covers a wide range of working patterns including home or
remote working, part-time, compressed hours, job sharing, part-year,
annualised hours and flexi time. It can be mutually beneficial to the
Department and employees by:
improving employees’ work-life balance and wellbeing
helping to attract and retain staff, particularly those with caring
responsibilities
increasing productivity
reducing costs.
Alongside job sharing it forms a key element in the Civil Service’s overall talent strategy.
Navigation
You can navigate to the section that interests
you using the menu or you can browse the full
gateway guide using the previous and next
page buttons. Where sections have multiple
tabs, you simply need to click on the tab to
view the information it contains.
Throughout this guide you will see the
following buttons:
Previous Page- return to the last page viewed
Next Page - proceed to the next
page in the topic
Section menu- return to the topic
menu
Home - return to the main menu
Where do I fit in? (1)
Manager’s role
As a manager, you will prioritise business outputs and proactively manage
flexible working, balancing it against employees’ needs, to enable the
Department to deliver its business and services more effectively.
You must:
consider all requests in a reasonable and consistent manner
handle all requests, including appeals, within three months
make decisions based on an objective process that does not
discriminate against particular employees.
Business delivery takes priority and you should only refuse requests
for business reasons.
You should also recognise that these:
requests are important to individuals and require careful consideration
arrangements will need to be regularly reviewed to ensure that
previously agreed working arrangements continue to meet the needs of
the business as well as any personal circumstances.
Employee’s role Top tips
Use informal flexible working
arrangements, where appropriate, to keep
things simple.
Managers and employees should keep
talking to help identify solutions or
compromises, where appropriate, to
accommodate flexible working. Is a
compromise possible?
The Manager’s Checklist is useful when
considering a request.
Acas resource
Flexible working and work-life balance
Where do I fit in? (2)
Manager’s role
As an employee, you can request to work flexibly and must:
understand that whilst flexible working is encouraged, wherever
possible, not all posts or roles are suitable for all types of flexible
working
recognise that working flexibly is not a right and is always subject to
business need.
Additionally, if you have 26 weeks service, you have a legal right to make a
request once in a 12-month period to work flexibly, known as a statutory
request.
You should also ensure that you:
allow sufficient time for your request to be considered
appreciate that there may be a need to work with your manager on a
compromise.
Employee’s role Top tips
Use informal flexible working
arrangements, where appropriate, to keep
things simple.
Managers and employees should keep
talking to help identify solutions or
compromises, where appropriate, to
accommodate flexible working.
If you are considering making a request
for flexible working, you may find the
Employee’s Checklist helpful.
Acas resource
Flexible working and work-life balance
Types of flexible working (1)
Where you work
Flexible working can refer to the location where the work is performed. This may not be suitable for your business area.
Remote working - A flexible working arrangement where an employee works from a different location (can be home) to their normal place of work.
Home working - A flexible working arrangement where an employee works from home for all or part of the week.
This type of flexible working may be combined with others and may be either:
occasional/regular - agreed at an employee’s request with their role still designated as office based
a designated home working role – where the nature of the role requires an employee to work from home and their contract defines their place of work as their home.
There is no automatic right to work from home but all employees may request a change to their working arrangements.
Remote/home working is not suitable for all roles, for example, for customer facing work. With advances in technology, however, it is clear that it is appropriate for a growing number of roles and for elements of others.
On occasion, managers may have to consider the requests for working from a remote location or from home as a part of a reasonable adjustment.
Changes to your work location may also have pay implications.
.
When you work Job sharing Further information
Reasonable Adjustments policy
Civil Service Learning resource
For managers
Managing teams remotely
Managing remotely: crib guide
Acas resource
Homeworking: a guide for employers and
employees
Types of flexible working (2)
Where you work When you work
Flexible working can refer to the hours that you work or your working
pattern.
Some popular types are outlined below but this list is not exhaustive:
Part-time - Less hours than normally regarded as full-time hours for
that employment.
Part-year or term time working - Part-year working is a form of part-
time working. Part-year workers are contracted for fewer than 365 days
per year and have contractual periods of attendance and non-
attendance. For example, periods of non-attendance are set periods
such as schools holidays
Staggered hours - This is a form of flexible working where employees
begin and end work at different times throughout the day.
Compressed hours - Standard working hours covered in fewer
working days. One example is compressing the hours of a five-day
working week into four working days.
These types of flexible working may be combined with others.
Job sharing Further information
Civil Service Learning resource
Time management
Types of flexible working (3)
Where you work When you work Job sharing
Job sharing/job splitting - An arrangement where a job is split between
two or more employees who share the hours or tasks and responsibilities
between them.
Further information
Guide to job sharing
The Civil Service Job Share Finder allows
registered civil servants to find a job share
partner.
Options for flexible working arrangements (1)
Informal/occasional
arrangements
Informal flexible working is ideal if the change is occasional and has no
impact on pay or allowance paid for location. However, if you are on
London pay rates and work from home or at another office outside of
the London pay area on a regular basis this may impact on your
entitlement to London pay or allowances.
Managers and employees should agree arrangements without a formal
application process and put these in place quickly. These can then be
changed or ended quickly if circumstances change.
Managers should confirm, by email or in writing, any arrangements
agreed orally. This helps avoid confusion and makes it clear that the
arrangement is informal.
Managers should continually review informal arrangements to assess
the benefits and raise and address any concerns.
From time to time, managers may require employees to change their
hours or work and/or work additional hours at short notice to meet the
needs of the business, e.g. holiday and sickness cover.
Another informal arrangement may be the use of scheduling, whereby
managers require an employee to work variable hours through
scheduled start and finish times to meet forecasted business need.
Business needs take priority and managers may not always be able to
accommodate an employees preferred hours of work.
Reasonable notice should be given when varying hours of work.
Formal arrangements Temporary and trial
periods Top tips
Through discussion, managers and
employees can identify the right arrangement
for both the employee and the business. It
may be that an informal or temporary
arrangement is beneficial for both.
To find the right arrangement, employees and
managers should:
consider the benefits for the individual, the
team and the business
look for an arrangement that has a clear
focus on business outputs and also
enables the employee to maintain and
improve their work-life balance.
take into consideration any personal
circumstances which may make it difficult
for an employee to accept the request at
short notice.
If required to work additional hours for a
temporary period, managers should make
employees aware of any eligibility for
additional payments, time off in lieu or flexi
time.
Options for flexible working arrangements (2)
Informal/occasional
arrangements Formal arrangements
A formal arrangement is needed where the employee wishes to make a
statutory request or either party requires greater stability.
Formal flexible working arrangements are normally used where the
arrangement impacts on an employee's pay or annual leave
entitlement.
All formal arrangements will be subject to review and will require a
change to the employee’s contract. However, you may not be able to
review an arrangement agreed as a statutory request if the employee
has not agreed to it as part of their permanent contractual change.
All requests for formal arrangements must be made and decided in
accordance with this guide to ensure that all legal requirements are
met.
Legally employees can make one statutory request to work flexibly in a
12-month period. However, the Department has discretion to allow
further formal requests within any 12-month period if the request has
been made under the departmental procedure.
Temporary and trial
periods Employee actions
Requests must be submitted in writing and
include:
the application date
the change in working pattern sought and
proposed start date of the arrangement
the impact of the requested change on the
department, and how this might be dealt
with
a statement confirming whether it is a
statutory request and, if so, when any
previous statutory requests have been
made.
Manager actions
Managers must:
consider all formal requests promptly and
in a reasonable manner
consider and decide on requests within
three months from the application date,
unless an extension is mutually agreed
ensure that any appeals are completed
within the same three-month period
reserve absolute discretion to change
arrangements in the written agreement
retain all written requests and records of
any decisions or appeals.
Options for flexible working arrangements (3)
Informal/occasional
arrangements Formal arrangements
Temporary and trial
periods
A temporary flexible working arrangement may be agreed for a period
of up to 12 months.
Trial periods may also be used to see how well a proposed
arrangement works for both the business and the employee before
making a decision to agree to the formal working arrangement longer
term.
Trial and temporary arrangements will require a contractual change if
there is an impact on the employee's terms and conditions such as pay
and annual leave.
Top tip
The three-month maximum period for
processing the application may need to be
extended to accommodate a trial.
Flexible working arrangements should be
regularly reviewed between manager and
employee.
Manager’s responsibilities (1)
Manager’s
responsibilities
Flexible working, particularly remote and home working, helps to promote a
more adaptable and responsive culture. It encourages efficient use of our
estate, attraction and retention of staff, and supports better business
results.
Some considerations to have are:
how the work will be arranged including the sort of work to be done
how the employee will structure their time to complete work
how they will take part in scheduled meetings i.e. if regular team
meetings are scheduled for the employee’s non-working day
how the employee and team will keep in touch
if and when the employee will not be available and agreeing this in
advance
effective communication which may include greater use of IT solutions
or telekits
whether you need a minimum number of team members in the office
and how you will manage this
how often to discuss or review the working arrangement with the
employee
how to encourage team members to keep in touch with each other to
discuss work issues and provide mutual support
clarifying how the employee needs to report sickness absence.
Performance
management
Health and
well-being
Keeping in
touch Top tips for managing remote workers
When managed well, remote and home
working brings tangible business and
employee benefits. This includes increased
productivity and improved work-life balance.
In managing remote working, you should:
take account of business needs when
considering requests to work remotely or
from home
support remote workers by keeping in
touch
ensure remote workers are effective and
flexible and deliver the needs of the
business
make sure you are monitoring their work
and managing their performance.
review the arrangements with the
employee on a regular basis.
pay attention to the safety, health and
well-being of the employee
ensure those working remotely or from
home are treated the same as those
working in the office.
Manager’s responsibilities (2)
Manager’s
responsibilities Performance
management
To help employees that work flexibly or remotely to deliver their objectives
successfully, consider how to:
set key work objectives, which take into account the employee’s
working pattern, and agree how their performance will be assessed and
measured
have regular and meaningful performance discussions e.g. face to face
or by telephone
deal with any issues with the employee’s performance promptly and in
line with the Department’s performance management or managing poor
performance procedures
take care of the employee’s development needs by ensuring equal
access to opportunities.
Probation
If a probationer requests remote/home working, you should be mindful
of the employee’s role and consider how you will monitor and mentor
them.
As 26 weeks continuous service is required to make a statutory
request, this is unlikely to be applicable to probationers.
Health and
well-being
Keeping in
touch Further information
Civil Service Learning resource
Managing people: Planning and prioritising
teamwork
Manager’s responsibilities (3)
Manager’s
responsibilities
Performance
management
Health and
well-being
Make sure that flexible and remote workers know how to contact you in an
emergency, and get support from colleagues.
You need to be aware that:
it may be difficult to identify health conditions impacting on work and
you should look out for signs of stress through the tone of emails and
telephone calls
remote or home working may not be suitable for the role and the
individual, for example, where the employee is experiencing domestic
violence
feelings of isolation can be avoided by encouraging employees to
maintain contact with the rest of the team e.g. via telephone or telekit
discussions.
remote workers should not work excessive hours or remain constantly
on call and must maintain their work/life balance
as with office-based staff, remote workers should be encouraged to
take breaks and follow wider advice on healthy eating and physical activity.
Keeping in
touch Further information
Civil Service Learning resource
Managing Change: Work-Life Balance
Workbook
Manager’s responsibilities (4)
Managers
responsibilities
Performance
management Health and
well-being
Keeping in
touch
Keeping in touch is an integral part of successful flexible working.
Managers should think about what they need to do to make this effective.
Managers should think about how they will:
agree keeping in touch arrangements, which may include the
frequency and method of contact, before the employee starts working
flexibly
record up to date contact details for the employee and for their next of
kin in case the employee cannot be contacted
ensure the employee does not feel isolated e.g. by having career
discussions and including them in invites to social events which involve
the rest of the team
review keeping in touch arrangements to ensure they are still working
for both parties.
Further information
Employee’s responsibilities (1)
Employee’s
responsibilities
To make flexible or occasional/regular remote working effective, you should
ensure good communication by:
discussing and agreeing working arrangements with your manager,
ensuring you structure your time to complete your work and are able to
take part in scheduled meetings
ensuring your team and your manager know when you are available
ensuring you remain contactable during your agreed working hours and
agreeing how you will keep in touch with your manager and other
members of the team
taking proactive steps to hold discussions with your manager,
particularly if you are working remotely or from home on a regular
basis. This will help you to build and maintain an effective working
relationship
making sure you have access to the Department’s intranet and email
bulletins to keep up to date with news and events
trying to let your manager or a colleague know if you feel stressed or
feeling isolated.
To request a permanent remote or home working arrangement, please
refer to the formal process for flexible working.
Managing
yourself
Keeping
yourself safe Top tips
If you manage a team and work flexibly or
remotely you should:
keep in touch with your team and have
regular catch-ups
make sure they know you are available
and how to contact you
refer to Civil Service Learning for remote
working learning options.
Keeping
information safe
Employee’s responsibilities (2)
Employee’s
responsibilities
Managing
yourself
It is important to manage yourself effectively when you are working flexibly
or remotely by:
ensuring you agree realistic and achievable outputs with your manager,
then recording and monitoring these
minimising distractions by organising your time, keeping track of
progress and setting yourself goals to stay motivated
being clear about when you start and finish your working day, taking
regular breaks from your computer screen in the usual way
having formal childcare arrangements in place even when working from
home.
Expenses
If you anticipate incurring expenses, you should first refer to the
Department’s travel, expenses and subsistence policy.
Be aware that spending a proportion of time or regularly carrying out
duties at another location may have tax and National Insurance
implications.
Keeping
yourself safe Further information
Civil Service Learning resource
Time Management
Managing Self: Work/life balance and stress
Keeping
information safe
Employee’s responsibilities (3)
Employee’s
responsibilities
Managing
yourself
Keeping
yourself safe
As an employee, you have a duty to take reasonable care of your own
health and safety and that of anyone who might be affected by your
actions. If you are remote working, you should behave in the same way,
and take into account the same considerations, as in your office.
In particular you should ensure that you:
keep your health and safety training up-to-date and know how to safely
use any equipment you have been provided with
take rest breaks and breaks away from the computer screen in
accordance with departmental requirements
maintain good housekeeping within your designated work area to
reduce the risk of accidents and fires
arrange equipment with cables covered and out of the way so that no
one will trip over them
do not overload sockets; a laptop alone will not normally overload a
normal 13A electrical supply
keep IT equipment away from sources of water and ensure adequate
ventilation away from direct sunlight and heaters
provide that heavy items are well supported and placed near a wall.
Complete the Home working health and safety checklist to ensure
you have considered any potential risks from working at home.
Keeping
information safe Further information
Civil Service Learning resource
Wellbeing, resilience and stress
Employee’s responsibilities (4)
Employee’s
responsibilities
Managing
yourself
Keeping
yourself safe
When working flexibly or remotely, you should protect Information to the
same standard as in the office by following the Department’s rules on IT
security including the use of personal IT devices. Make sure that you:
access shared filing wherever possible, saving work on the network
rather than your laptop
consider what safe storage is required and securely store protectively
marked documents at the end of your working period
ensure you are discreet and your conversations cannot be overheard
when making calls away from the office. Telephone calls can be made
within the UK to discuss up to and including OFFICIAL level.
bring back protectively marked information requiring secure disposal to
the office
keep any passwords, security passes or fobs separate from the laptop
to reduce the risk of a serious security breach by of losing these items
together.
If you are working remotely or from home and handling information or data
with a higher protective marking than OFFICIAL, you should seek guidance
from the Department’s Security Unit (DSU).
Further information
Civil Service Learning resource
Information management
Keeping
information safe
Managing requests for flexible working
Competing or multiple requests, approving and refusing requests
Reviewing and terminating arrangements
Appeals
Competing or multiple requests, approving
and refusing requests (1)
Competing and
multiple requests
As a manager, when dealing with a number of requests, you should:
consider each one individually against the known business position at
the time it is received
make decisions on an objective and justifiable basis, not on which case
you feel is more deserving
understand that agreeing to a flexible working request does not set a
precedent for future similar requests
seek advice from HR regarding the possible effect of refusing or
rejecting an application from those employees with disabilities, parental
or other caring responsibilities.
Approving formal
requests
Refusing formal
requests Top tips
To follow an objective process and remain fair
and non-discriminatory, you should:
review each new flexible working request
in order of date and time received
consider the consequence of approving
one request instead of another
set out the evidence clearly to support any
decisions
consider alternative forms of leave that
could be used.
Further Information
Civil Service Learning resource
Managing People: Managing team conflict crib
guide
Decision-making
Competing or multiple requests, approving
and refusing requests (2)
Competing and
multiple requests
Approving formal
request
When approving a request, you should:
communicate your decision to approve the request in writing including:
• the agreed start date
• any changes to the employees terms and conditions
• the review date(s) or end date (whichever is applicable - both in
some cases)
take the necessary action to notify HR/Payroll or shared services about
the new working pattern/arrangements.
Refusing formal
requests Top tips
Employees can legally make one statutory
request to work flexibly in a 12-month
period. You have discretion to allow further
formal requests within this period if these
are made under departmental procedure.
Managers and employees are encouraged
to discuss the employee’s requirements to
help identify the right arrangement for
them and the business. In many
instances, an informal or temporary
arrangement may be beneficial for both.
Further Information
Civil Service Learning resource
Decision-making
Competing or multiple requests, approving
and refusing requests (3)
Competing and
multiple requests
Approving formal
requests
Refusing formal
requests
If you consider a new formal flexible working request unsuitable, or review
an existing arrangement and decide it can no longer continue, it can only
be refused for one of eight business reasons set out in the ACAS Code of
Practice as follows:
It imposes a cost burden e.g. significant expenditure on IT or shift
allowances.
It is not possible to reorganise work between other staff e.g. the
employee may have specific skills, or there may not be the capacity on
the team to absorb the extra work.
It is not possible to recruit additional staff e.g. if there is a recruitment
freeze.
It will affect delivery and quality.
It will affect performance e.g. insufficient time to complete objectives or
where health and safety obligations cannot be reasonably met.
It will affect customer service e.g. the requested pattern does not fit
with activity ‘peaks’.
There is insufficient work when the employee wants to work.
There is a planned structural change.
Top tips
Further Information
Civil Service Learning resource
Dealing with difficult situations
Ensure that you can objectively justify
your decision so that you do not indirectly
discriminate against particular employees
with a protected characteristic.
Always be clear about the reason(s) for
turning down a formal request, and
support your decision with a concise and
accurate explanation in writing to the
employee.
Be aware of the impact on the individual -
are there any alternative arrangements
that you could discuss?
Reviewing and terminating arrangements (1)
Reviewing arrangements
You should:
review flexible working arrangements annually
agree reviews of contractual arrangements with the employee from the
outset, confirming this in writing
consider adjusting the employee's working pattern, if necessary, to
meet business needs if they do not engage with the review process.
Top tip
Make sure that you give an employee a
reasonable amount of time for them to
make any alternative arrangements.
Terminating arrangements
Reviewing and terminating arrangements (2 )
Reviewing arrangements Terminating arrangements
You will reserve absolute discretion to change the arrangements in the
written agreement with the employee and can:
require an employee to alter an informal arrangement to meet the
needs of the business
end a formal arrangement in advance of a scheduled review due to
urgent business reasons
end a formal arrangement at the review stage.
Top tip
Further information
Civil Service Learning resource
Dealing with resistance
Make sure that you give an employee a
reasonable amount of time for them to
make any alternative arrangements.
Appeals
If you have refused the employee’s formal flexible working request,
try to informally resolve any concerns the employee may have.
Where a disagreement cannot be resolved informally, the employee
can appeal using the normal grievance process. This must either
be on the basis that the application was not handled in line with the
Department's flexible working policy or if there is new information
which was not available to their manager at the time of their original
application.
The appeal should be handled within the three-month period for
processing the request unless an extension is agreed.
If an employee fails to attend an appeal meeting and a re-arranged
meeting without good reason, the request may be considered
withdrawn and the employee must be informed.
Further information
Legacy flexible working arrangements-
Manager’s guide
Introduction
How to change legacy flexible working arrangements
Informally resolving an issue
Formally resolving an issue
Introduction (1)
What are legacy flexible working arrangements?
Legacy flexible working arrangements are those that have remained in
place without the required regular reviews. Over time, the combination of
working patterns in place may restrict business flexibility and delivery.
This information in this section provides a guide to understanding the
contractual status of legacy arrangements and how they may be changed,
but you will be likely to work closely with HR on any actions.
Whether or not a working arrangement is contractual determines the
approach to making a possible change.
You may be uncertain about the contractual status of an employee’s
agreement and whether it can be changed. However, regardless of
contractual status, you are entitled to discuss changes with an employee.
They may be open to changes even where they have a contractual right to
the arrangement.
This useful flowchart will help you decided if the arrangement is
contractual.
Top tip
If the required change affects a number of
employees, consider raising it at a team
meeting. This approach will give you the
opportunity to explain the business
reasons for the change and answer any
questions.
Where a flexible working arrangement is
in place because of a reasonable
adjustment connected to an employee’s
disability, you should seek further advice
from HR before making any change.
You should encourage open dialogue
whilst respecting confidentially around
particular reasons for individual
arrangements.
Flow Chart - Understanding the
contractual status of existing agreements
Working through this flowchart will help shape the discussion between the manager and employee
Is there a specific agreement
in place (an ‘express’ term –
written or verbal)?
This will provide evidence the employee’s
flexible working arrangement is contractual.
Changes to the employee’s working
arrangements will need to be made in
accordance with the terms of the contract or
by mutual agreement.
Where there is no evidence
of the arrangement having
been specifically
agreed/documented – there
are two possible scenarios:
No contractual arrangement exists
This may make a change in working
arrangements more straightforward. You
could simply have a conversation with the
employee, outlining the business need and
request them to change their working
arrangement. This change can effectively
take place without consent.
Implied term
Where there is a specific, long-standing
working practice this may mean a
contractual arrangement is implied which is
legally binding on both parties. You can
discuss a change in working arrangements
with the employee; however, if they are
reluctant to agree a change, you may need
to pursue the formal approach.
← YES NO →
How to change legacy flexible working arrangements (1)
Overall approach
An employee’s working arrangements may potentially be changed
where:
one or more existing flexible working arrangements negatively
impacts business delivery, and/or
a change in business priorities impacts all employees requiring the
business or service to be delivered differently.
Individual circumstances do not necessarily prevent a change from
being made to hours, place of work, duties or role. However, managers
must take them into account when considering how appropriate and
reasonable it would be to enforce a change.
Decisions to change working arrangements must be based on clear,
justifiable business needs. Managers and employees should
understand both immediate and future business priorities and how
these relate to wider organisational aims.
Remember that regardless of the type of arrangement in place,
managers can discuss it with the employee. They may agree to a
change even if their current arrangement is contractual.
Key actions Further
considerations Top tip
Seek further advice from HR before any
change is made to a flexible working
arrangement in place because of a
reasonable adjustment connected to an
employee’s disability.
How to change legacy flexible working arrangements (2)
Overall approach
Managers should follow these action points before taking steps to
change an employee’s working arrangements:
Develop an evidence-based business case for change.
Determine the contractual status of employees’ working
arrangements with support from HR, as needed.
Be clear on the differences between the informal and formal
approaches and which one to use in each case.
Meet with the employee, as a successful discussion will result from
shared understanding of the desired business outcomes.
Prepare the employee by outlining the purpose of the discussion
verbally or by email before the meeting.
Make objective decisions based on business need and consider
how any proposed change in working arrangements will affect
individuals.
Keep a note of the discussion and the details of any agreement
reached.
Further
considerations Top tip
Engage employees on the business issue
and their role in helping to find a solution.
Be reasonable, but firm.
Discuss issues openly. It may be possible
to find a mutually acceptable solution.
Stick to the facts. Discuss the impact that
existing flexible working arrangements are
having on the business rather than direct
the issue at the person. Use specific
examples to back up the discussion and
provide context.
Key actions
How to change legacy flexible working arrangements (3)
Overall approach Key actions Further
considerations
Do not assume that employees will always be reluctant to change,
informal discussions allow options to be explored.
Consider engaging with the wider team to seek solutions, set clear
expectations and promote flexibility.
Be sensitive to the fact that employees’ working arrangements may be
due to personal circumstances and be important to their quality of life.
Consider the impact on individuals but remain objective about any
personal preferences. The clear and justifiable business case is
crucially important in supporting any discussions.
What about custom and practice?
It is very difficult to establish that custom and practice exists and
forms part of terms and conditions of employment. Such instances
are likely to be rare.
An employee may believe that working a particular pattern for a
number of years, overrides a contractual term. Generally, custom and
practice cannot imply a term which directly contradicts an express
term.
It is therefore reasonable to assume that written terms in an
employee’s contract remain enforceable. However, you should take
advice from HR if an employee puts forward a special reason as to
why they are entitled to stick to their normal hours.
Top tip
The permitted eight reasons for refusing a
flexible working request provide a useful
framework for considering the business
impacts of existing working arrangements.
Embarking on a change process that has
the potential to affect individuals at a
personal level creates certain risks. You
should work with HR to consider and
mitigate risks.
Timing is important – pick a time when
employees are more likely to be receptive,
for instance, not immediately before a
crucial deadline.
Make sure the discussions are confidential
where appropriate and carried out within
an environment that offers the appropriate
level of privacy.
Engage employees on the business issue
and their role in helping to find a solution.
Be reasonable, but firm.
Discuss issues openly. It may be possible
to find a mutually acceptable solution.
Informally resolving an issue
Informally resolving an issue
Taking an informal approach may be appropriate where:
changes are small-scale and can be made quickly with minimal
disruption to employees and the business
joint ownership of problem-solving is encouraged and positive
promotion of flexibility is the norm
an open culture exists and employees are more likely to be
receptive to change.
Once a business case for change is established, you can hold an
informal team meeting seeking volunteers to change their working
arrangements. Separate meetings should be arranged where
employees want to speak in private. Employees will need time to
reflect on personal concerns, business issues and options.
Where employees agree to a change and it does not affect pay, you
can simply confirm the change by email and notify shared services. If
employees agree to a change that impacts on pay, their contract must
be varied in line with the Flexible Working Policy.
New working arrangements are subject to regular reviews. It is
essential that employees understand what this means before
discussions take place.
Top tip
Encourage the team to work together and
find solutions to promote joint ownership.
If each team member can agree to a slight
adjustment, this may mean no wider
change is necessary and each employee
can keep most of their preferred
arrangement.
It may be that the need is a temporary one
and the team can agree to some
temporary changes to their working
arrangements.
Further information
Formally resolving an issue (1)
Overall
approach
Taking a formal approach is necessary when:
employees do not voluntarily agree to change their working
arrangements following informal discussions, and/or
there are significant gaps in service delivery or other business
aspects due to lack of employees volunteering, and/or
the problem is large scale including whole teams or divisions and an
informal approach is not appropriate.
As with the informal approach, the first step is to establish a business
case and plan for sign off and an assessment of risks.
You may need a project board or steering group to help promote a
project management approach.
You should consult DTUS and/or workforce planning groups where they
already exist.
Managers should ensure employees are given reasonable notice of
change. While there is no set period of reasonable notice to vary an
employee’s terms and conditions, there are two key factors to take into
account when deciding how much notice to give an employee:
The impact of the change on the employee.
The permanency of the change.
Actions
required
Employees agree
Employees
disagree Top tip
Before any discussion, be clear on the
business reasons for following the formal
process. This is essential for an evidence-
based discussion and ensures a fair and
objective process.
Further information
Civil Service Learning resource
Project delivery
Formally resolving an issue (2)
Overall
approach
Actions
required
Consider arranging one-to-one meetings with employees to discuss
specific issues created by existing working arrangements and the
scope for change. A colleague or DTUS representative can accompany
employees, if requested.
Undertake further gap analysis following the first formal one-to-one or
team meeting.
Base the business case on clear evidence and ensure it is justifiable.
You will need to work with HR to undertake a risk assessment and
identify the employees who will be required to change their working
arrangements.
The amount of notice that managers give an employee for a change
with little impact is likely to be shorter than that given for a significant
change e.g. a slight change to hours which has minimal impact on an
employee may be communicated to them at short notice.
Managers must seek advice from HR before any decision is made to
implement new working arrangements without the agreement of
employees. This is always the very last resort and should only be done
where all other options have been discounted.
Before any discussion, be clear on the business reasons for following
the formal process. This is essential for an evidence-based discussion
and ensures a fair and objective process.
Employees agree
Employees
disagree Top tip
Personal circumstances that could affect the
amount of notice managers give before
implementing a change include:
childcare or other caring obligations
reasonable adjustments for staff with a
disability
children who may be at a key stage in their
schooling
availability of public transport.
Further information
Formally resolving an issue (3)
Overall
approach
Actions
required
Employees agree
Notify HR where employees agree to the change, so that records are updated. New arrangements are subject to regular reviews and you must ensure that employees understand this.
Employees
disagree Top tip
Before any discussion, be clear on the
business reasons for following the
formal process. This is essential for an
evidence-based discussion and
ensures a fair and objective process.
Further information
Formally resolving an issue (4)
Overall
approach
Actions
required
Employees agree
Employees
disagree
If employees do not agree to the written request, next steps will depend on
whether or not their existing terms and conditions allow for variation of
existing working arrangements. Seek advice from HR on your options.
You and the employee should try and informally resolve the employee’s
concerns.
Appeals
If the disagreement cannot be resolved informally and a variation to the
existing working arrangements is imposed, the employee can appeal using
the normal grievance process. If the employee fails to attend an appeal
hearing or rearranged meeting without good reason, the grievance may be considered withdrawn and the employee must be informed.
Top tip
Before any discussion, be clear on the
business reasons for following the formal
process. This is essential for an evidence-
based discussion and ensures a fair and
objective process.
Further information
Civil Service Learning resource
Dealing with resistance
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MEMBERS OF THE BUSINESS DIVERSITY AND INCLUSION GROUP
Anne Milton MP, Minister for Women
Alex Chisholm, Permanent Secretary, BEIS
Sir Philip Hampton, Chair of the Hampton-Alexander Review into FTSE
Women Leaders, Chair GSK
Sir John Parker, Chair of the Parker Review into ethnic diversity on FTSE
boards, formerly a steering group member of the Davies Review
Amanda Mackenzie, Chief Executive of Business in the Community, formerly
a steering group member of the Davies Review
Stephen Haddrill, Chief Executive of the Financial Reporting Council
Baroness Ruby McGregor-Smith, Chair of the McGregor Smith Review into
race in the workplace
David Isaac, Chair of the Equalities and Human Rights Commission
Jayne Anne Gadhia, Government Champion for Women in Finance, chaired
review into the representation of women in senior roles in financial services,
Chief Executive of Virgin Money
Lady Barbara Judge, Chair of the Institute of Directors, member of the
Hampton-Alexander Review Advisory group
Carolyn Fairbairn/Neil Carberry, Chief Executive CBI/ Managing Director of
People and Infrastructure, member of the Hampton-Alexander Advisory group
(CF)
Dame Cilla Snowball, Chair of the Women’s Business Council, member of
the Hampton-Alexander Advisory group, Group Chairman and Chief
Executive of AMV BDDO
