Chapter 13 - Flexible working for parents & carers
Appendices
- Application for flexible working for parents/carers |
- Flowchart for flexible working for parents/carers PDF |
- Model minute for receipt of application form for flexible working for parents/carers |
- Model minute for acceptance of flexible working for parents/carers |
- Model minute for rejection of flexible working for parents/carers |
- This chapter sets out the new regulations effective 6 April 2003 which provide for the right of mothers and fathers and carers of children aged under 6, or disabled children aged under 18 to apply to work flexibly. The Flexible Working Regulations 2002 also place a duty on the CPS to consider the requests of parents/carers seriously and within a finite time frame. Employees will be allowed to request an adjustment to their hours or place of work in order to fulfil their childcare duties. The type of adjustment could include, but is not limited to, part-time work, job-sharing, compressed hours, term-time work or other forms of flexibility (see Chapter 10 of this volume).
- The following principles form the basis of flexible working:
- the initial onus in taking forward an application is on the employee (parent/carer);
- the employee must have 26 weeks' continuous employment within the CPS and make the claim at any point up to 14 days before the child's 6th birthday (or 18th birthday if the child is disabled);
- the application must be to enable the employee to care for the child;
- the employee must not have made another application for flexible working under this right during the past 12 months;
- any request that is made and accepted will be a permanent change to the employee's contractual terms and conditions unless otherwise agreed. The employee has no right to revert back to the previous working pattern. However, if the employee knows they do not want the new working arrangement to apply indefinitely, they should say so when making their application and the CPS will take this into account when considering the request. In such circumstances, it may be possible to agree to a trial period of the new arrangements or to change the employee's working pattern for a limited period only.
- For the purposes of this chapter the following definition will apply:
- carers means legal guardians, adopters or foster carers.
- To be eligible to apply for flexible working for parents/carers the individual must:
- be an employee of the CPS;
- have a child aged under 6 years, or under 18 years where disabled;
- be responsible for the child as its parent;
- be making the application to enable them to care for the child;
- have worked with the CPS continuously for 26 weeks at the date the application is made;
- not be an agency worker;
- not have made another application to work flexibly under the right during the past 12 months.
- The employee must have or expect to have responsibility for the upbringing of the child and be either:
- the biological parent, guardian, adopter or foster carer of the child; or
- married to or be the partner (whether of a different sex or same sex) of a person within (i) and live with the child;
- The employee must make their application in writing (see Appendix 1) to their line manager and include the following details:
- state that it is an application for flexible working for parents/carers;
- specify the flexible working pattern(s) applied for (listing them in order of preference if there is more than one) and the date on which it is proposed the change should be effective;
- explain the effect, if any, the employee thinks the proposed change might have on their team or the Area/HQ Directorate and how, in their opinion, they feel the effect of any such change might be dealt with;
- explain how the employee satisfies the requirements relating to the relationship with the child under 5 above;
- state whether a previous application has been made to the CPS and, if so, when.
- The key steps of the procedure are:
- the employee submits their application to their line manager;
- within 28 days of receipt of the application, the line manager will hold a meeting with the employee to consider the request. An employee can, if they wish, bring either a workplace colleague or Trade Union representative to accompany them to the meeting;
- within 10 working days after the date of the meeting, the line manager will write to the employee either:
- accepting the request and establishing a start date; or
- confirming any compromise agreed in the meeting; or
- rejecting the application, providing a business ground and an explanation as to why the business ground is relevant in the circumstance, together with details of the appeal process.
- an employee has 10 working days to appeal after the date of notification of the line manager's decision. Where an appeal is made the ABM/Corporate HR Services must arrange an appeal meeting to take place within 10 working days after the date of receiving notice of appeal and inform the employee of the outcome of the appeal with 10 working days after the date of the meeting.
- The line manager is responsible for retaining a record of the key steps, which are also outlined in a flowchart (see Appendix 2).
- The line manager will hold a meeting to consider the request for flexible working for parents/carers within 28 days after the date an application is received. The meeting is an opportunity to discuss the request, the issues it raises for the Area/HQ Directorate, the implications it may have on the employee's terms and conditions (for example, a reduction in hours worked will result in a reduction in salary), and any compromises that may be acceptable (see Appendix 3).
- The employee may if they wish have a workplace colleague or Trade Union representative accompany them to the meeting. The workplace colleague or Trade Union representative can address the meeting or confer with the employee during it. If the workplace colleague or Trade Union representative is unable to attend the meeting, the employee should re-arrange the meeting for a date within 5 working days of the originally proposed time, ensuring the new time is convenient to all parties, or consider an alternative companion.
- Once the line manager and employee have discussed the request for flexible working, the line manager will notify the employee of the decision in writing within 10 working days after the day of the meeting (see Appendix 4 & Appendix 5). A copy of the letter will be sent to the ABM/Corporate HR Services for HQ staff, and to the Equality and Diversity Officer (EDO), for their information.
- When an application is accepted, the line manager will provide the employee with written notification detailing the new working pattern and when the new work pattern will commence (see Appendix 4). A copy of the letter will be sent to ABM/Corporate HR Services.
- When an application is rejected, the line manager will provide the employee with written specific information on the reasons why. A clear business reason (or reasons) which justifies why the working arrangement cannot be accepted will be outlined in the letter (see Appendix 5), together with an explanation of why that business reason (or reasons) applies in the individual's circumstances. These business reasons could include any of the following:
- burden of additional costs;
- detrimental effect on ability to meet customer demand;
- inability to reorganise 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; and/or
- planned structural changes.
- The employee has the right to appeal against the refusal if they feel that their request has not been considered properly. The appeal must be made in writing to the ABM/Corporate HR Services within 10 working days after the date of receipt of the notice that their request has been rejected. It must set out the grounds of appeal and be signed and dated.
- If an employee feels that their application has not been dealt with to their satisfaction even after the appeal, the employee may either:
- have an informal discussion with the ABM/Head of Corporate HR Services;
- use the internal grievance procedure (Volume 2 Chapter 5);
- involve a third party;
- make a complaint to the Employment Tribunal.
- An employee may make a complaint to an Employment Tribunal where the CPS has failed to follow the procedure properly or when the decision to reject the application has been based on incorrect facts. An employee has no right to complain where they simply disagree with the business grounds provided by the CPS for declining a request. The Employment Tribunal has no powers to question the CPS' business reasons.
- Time limits may only be extended in two circumstances. First, when both the CPS and employee agree. For example, the employee and their manager conclude that an alternative working pattern is more suitable, but need further time to explore the work pattern to ensure that it can be implemented by the CPS. A written record of this agreement, together with the revised time scale, will be sent to the employee.
- Secondly, when the line manager dealing with the request is absent from work because of either annual leave or sick leave. In such circumstances the CPS has 28 days to arrange the meeting from either the day of the line manager's return to work or 28 days from the date the application is made by the employee, whichever is sooner.
- The CPS may treat an application as withdrawn and will no longer be under a duty to consider further a request for flexible working for parents/carers in the following circumstances:
- the employee notifies the line manager or ABM/Corporate HR Services in writing that they are withdrawing their application;
- the employee fails without notice or giving good reason to attend the meeting to discuss the application or the appeal meeting more than once, i.e. fails to attend two meetings;
- the employee unreasonably refuses to provide the line manager or ABM/Corporate HR Services with information required to assess whether the contract variation can be granted.
Introduction
Principles
Procedures
Eligibility
Relationship between the parent/carer and child
Form of application
The application must then be signed by the employee and dated.
It will be a disciplinary offence to include deliberately misleading information on the application form.
Procedural requirements
Meeting to discuss application
Reaching a decision
Accepted application
Rejected application
A copy of the letter will be sent to ABM/Corporate HR Services and to the Equality and Diversity Officer for their information.
Appealing against the decision
Unresolved applications
Extension of time limits
When an application is treated as withdrawn
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