Chapter 9 - Hours of attendance
Appendices
- Flexible working hours - Manual record sheet (not currently available)
- Terms and conditions of employment for working compressed hours
- This chapter sets out:
- the rules which apply to all staff who work full-time, including casual staff and those on fixed term contracts;
- the arrangement of working hours, including flexible working hours, regular or "conditioned" hours and compressed hours.
- Pay is generally related to a specified number of hours of attendance each week, known as conditioned hours.
- Conditioned hours for all staff working full-time in the London pay area are 36 hours per week (excluding lunch breaks). For staff working elsewhere conditioned hours are 37 hours per week (excluding lunch breaks).
- Staff should be aware from the outset of the number of hours to be worked over an agreed period, and the form of the working pattern they will be expected to follow. All staff are required to give regular and punctual attendance.
- Individual staff may approach their line manager to change their hours to a different working pattern. Further details regarding this are set out in Chapter 10.
- Permanent changes to hours for all staff in a level or pay band should be agreed between management and Trade Unions.
- Staff up to and including those at Level B Pay Band B3 and Crown Prosecutors at Level C Pay Band C1 may be recompensed for hours worked in addition to conditioned hours (see paragraphs 33 to 35). All overtime and travelling time must be authorised in advance by the budget holder.
- For full-time staff conditioned hours may vary between locations and can be expressed either as:
- a gross figure including meal breaks (41 hours in London, 42 hours elsewhere)
- a net figure excluding meal breaks (36 hours in London, 37 hours elsewhere).
- The number of hours which a person is expected to work is explained to them before their appointment and which also should be set out in their letter of appointment. Any permanent changes made to the hours of work will also be confirmed in writing.
- Staff transferred permanently or on detached duty should be conditioned to the hours of the office to which they are transferred.
- The Flexible Working Hours (FWH) scheme is a system under which staff can, with management agreement, vary the times they start and finish. The guiding and overriding principle of FWH is that flexibility can and should be achieved without adverse effect on overall efficiency and that management will need to make arrangements for minimum cover.
- All staff may work FWH providing both management and the majority of staff are happy with the arrangements. Arrangements may be made within FWH schemes for staff to continue to work their previous pattern of standard hours. No member of staff should be compelled to change to FWH.
- Whether or not line managers or supervisors are on a FWH scheme, they should not be asked to alter or extend their hours of work to accommodate the band widths of the scheme. Staff at Level A should not be prevented from working FWH, even if this means for certain periods they work without supervision. Supervisors will still keep overall responsibility during such periods, e.g. by checking that work has been completed. If such an arrangement is likely to create difficulties, e.g. for security reasons, the matter should be resolved locally by, for example, making some changes to the basic FWH rules. All changes must be agreed at the local Whitley meeting.
- Line managers are responsible for monitoring attendance of their staff on FWH. They should:
- remember that satisfactory timekeeping is a requirement for all staff and that poor timekeeping is regarded as misconduct;
- take action on any member of staff who is a poor timekeeper.
- These are:
- Standard Day
- Standard Week
- Accounting Period
- If a manual recording system is in operation, a form should be used to record hours of attendance (see Appendix 1). This should show start and finish times, rounded to the nearest 5 minutes and using the 24 hour clock, and net hours worked each day.
- At the end of the accounting period staff should total up their form and pass it in to their line manager to be checked and authorised. Any excess or deficit brought forward from the previous accounting period should be carried forward to the new accounting period. The forms need not be kept for longer than is needed for audit purposes.
- The FWH scheme operates on the basis of net standard hours (i.e. excluding lunch breaks) so staff are not tied to a standard lunch break of 1 hour. Staff should take a break of at least half an hour each day (unless taking a half day off work) but they may take longer. In line with the Working Time Regulations, staff may work continuously for up to six hours, before taking a lunch break.
- The system has a further degree of flexibility in that staff may carry over from one accounting period to the next a deficit or excess of up to 40% of their weekly conditioned hours. For full-time staff working a normal 5 day week pattern, this is equivalent to 2 standard days. If staff carry forward an excess or deficit these hours should be reduced or made up in subsequent periods.
- Staff may not normally carry forward more than the maximum deficit. Any greater deficit than the maximum is in breach of the scheme and may lead to disciplinary action. However, it may be unavoidable that staff are prevented from reducing their deficit balance to the maximum allowed (for example if they are absent from work because of sickness) by the end of the accounting period. Where staff are prevented from reducing a deficit balance to the maximum allowed because of circumstances that they could not anticipate or avoid they should be allowed to carry the extra deficit forward.
- Any excess credit above the maximum limit is normally lost. However, where staff are prevented by the needs of the office or because of sickness absence from reducing their credit balance to the maximum limit, they should normally be allowed to carry the excess into the next accounting period.
- Where there is authority for the carry over of a greater deficit or excess than the maximum limit, there should be a clear understanding that the deficit or excess should be brought within normal limits as soon as possible, and usually by the end of the next accounting period.
- Staff may take up to a maximum of 40% of their weekly conditioned hours as flexi-leave in each accounting period if they have enough hours in hand or wish to anticipate hours to be made up subsequently. Flexi-leave must be authorised in advance by line managers and recorded on the flexi sheet. The granting of annual leave should be regarded separately from flexi-leave and does not affect the maximum allowable flexi-leave in any accounting period.
- Absence for special leave, annual leave, public holidays and privilege days, internal training courses and sick absence should receive up to a standard day's credit.
- Where staff are sponsored by the Department to undertake external training or a further education course a full day at college will receive a standard day's credit whilst half a day at college will receive a standard half day's credit. Staff attending an internal training course will receive a standard day's credit irrespective of the length of the working day or associated travelling time.
- Where facility time is granted to staff for Industrial Relations or Trade Union activities any agreed absences to carry out these activities shall be treated as part of the normal day's work. Where attendance at meetings results in the standard day being exceeded, a credit will be given within the limits of the flexi band widths.
- At the discretion of line management staff may be allowed credit for unavoidable travel delays, such as a breakdown in private or public transport.
- Credit may also be given for appointments with dentists, doctors, opticians or specialists which are not already covered by sickness absence.
- All staff who work FWH must submit FWH forms for checking and authorisation at the end of each accounting period. Line managers, Area Business Managers or Internal Audit may also carry out spot checks at any point during an accounting period to ensure that no abuse of the system is occurring. It is essential that both line managers and staff keep a careful check on debit/credit balances to avoid large carry overs. Staff who find difficulties with the responsibilities placed on them by FWH should discuss the matter with their line manager. If the individual still has difficulty keeping to time under FWH arrangements, the line manager should commence disciplinary procedures (see Volume 2 Chapter 3).
- Line managers may require staff to revert to a standard working pattern, allowing a reasonable period to work off any outstanding debit balance. If they fail to do so an appropriate deduction from the individual's salary may be authorised.
- If there is evidence of serious irregularity or misconduct by a member of staff in connection with FWH recording, disciplinary action may be taken.
- Staff transferring permanently from one office to another are normally expected to have a nil balance on transfer. In termination cases action should be taken as set out in Volume 3 Chapter 4.
- Paid overtime or time off in lieu is separate from FWH and can only be worked, when authorised, within the normal restrictions. The start of an overtime period should be agreed with the authorising officer and extra attendance recorded on overtime forms, not on flexi forms. Overtime may be authorised even if a debit is being carried.
- Travelling time is defined as time spent on official travel outside conditioned or FWH hours. When claiming travelling time as a flexible working hours credit, only the time in excess of the individual's normal home to office journey may be claimed. Where the normal home to office journey is 1 hour and the journey on official business takes 1/2 hour, no deficit needs to be recorded, simply the time of arrival at the official destination. The same rules apply to journeys from official business venues to home.
- Staff seeking further information regarding overtime, weekend working and travelling time should contact ABMs/HR Services for HQ staff.
- Although all staff are entitled to work flexitime, it is expected to be managed in a rather different way for staff at Level E and above. As they are employed to do a particular job, rather than to work a specific number of hours, they are expected to manage their own time in the way that best suits them and their jobs, in a less formal type of flexible working arrangement. They may, therefore, choose to start and finish their working day within the boundaries of the FWH system but the main requirement for them is to get the job done. They are not required to complete a time-sheet or clock in and out.
- For staff who work conditioned hours, line managers should note the following:
- staff should not work less than their conditioned hours when not working FWH;
- the line manager and individual should be aware of the conditioned hours;
- attention should be paid to easing the difficulties of staff with domestic problems, unless the constraints imposed on other staff would become unreasonable;
- on any which day a half-day's annual leave is taken, staff must attend for half the net hours that normally would be worked on that day (i.e. 3.36 hours London, 3.42 hours elsewhere).
- The normal lunch break for staff conditioned to gross hours is one hour on any full working day. Authority may be given by a line manager to an individual to extend or reduce the lunch break for personal reasons; where an extension is agreed the additional time taken must be made up.
- Staff who work excess hours are entitled to additional paid meal breaks of 30 minutes if the excess hours total at least 4 and of 1 hour if the excess hours exceed 6. These additional meal breaks must be breaks from work and must be followed by a period of work of at least 1 hour. When assessing the number of breaks to be taken only the periods of work should be taken into account.
- When calculating overtime, the breaks are counted as time worked. A break equivalent to the usual lunch time of 1 hour may be allowed to staff who are expected to work later than the ordinary hour of starting, providing that:
- they do not start later than noon; and
- are expected to work for at least 6 hours.
- All staff must give constant and regular attendance during office hours in accordance with the rules outlined in this Chapter. Failure to attend regularly, or persistent late attendance, are regarded as disciplinary issues. The distance between home and work, or the nature of the journey to work, is not an acceptable reason for persistent unsatisfactory attendance or time keeping.
- Late attendance caused by circumstances beyond the control of staff may be excused at the discretion of line management. Line managers must be satisfied that explanations are genuine.
- Time lost as a result of late attendance must be made up on the same day unless;
- it has been excused, or
- it would be inconvenient for line management if the individual remained at work after the normal departure time. In this case it must be made up on subsequent days.
- Staff who make appointments to see the doctor, dentist, optician or specialist for tests, check ups etc may be allowed time off at their line manager's discretion but should seek to arrange times for such appointments which minimise the length of their absence from the office.
- When transport is seriously disrupted or staff are participating in industrial action, FWH will usually be suspended and the normal conditioned working hours will apply on each such day. For further details on the effect of industrial action on FWH see Volume 6 Chapter 3. For further instructions in the event of a serious disruption of transport see the CPS Travel and Subsistence Code.
- For further details regarding part-time working arrangements see Chapter 10 in this Volume.
- Compressed hours is a form of flexible working which can assist employees in achieving a work-life balance. This pattern of working allows employees to reduce the number of days worked by extending the number of hours they work during each day. An example could be:
- 36/37 hours over a 4 day week; or
- 72/74 hours over a 9 day fortnight
- Before a request to work compressed hours is approved, the line manager must determine whether this form of working pattern is appropriate to the nature of work with which the employee is involved. It may be attractive to an employee only to work a 4 day week without any loss of salary but there may be an adverse impact on other staff who will be covering for the employee when that employee is on compressed working and not in attendance. The FWH arrangements in this chapter already provide latitude to vary working patterns. Before agreeing compressed hours working, line managers must assess the likely impact upon the remainder of the team and on service delivery.
- Annual leave entitlements are calculated on the assumption that an employee works 5 days a week and 7.12/7.24 hours a day. Any variation to this form of working pattern will require annual leave to be recalculated.
- For an employee working compressed hours, annual leave will be expressed in hours to take account of the fact that the working day is longer than normal. For example, an employee working 36 hours in a 4 day week will normally work 9 hours a day (as opposed to 7.12/7.24 a day, 5 days a week). The following formula should be used to calculate annual leave in hours:
- As with part-time working, the entitlement for employees working compressed hours should be expressed in hours to allow for holiday and privilege days that might fall on non-working days. This allowance should be calculated as follows:
- If an employee is to work compressed hours over a long period of time, a minute outlining the changes to their working pattern and terms and conditions of employment will be issued (see Appendix 2). The minute will contain a sentence stating that any request to vary the working pattern will need to be made in writing and will be subject to management approval. As not all jobs across the Department are suitable for compressed working arrangements, there will be a clause in the minute stating that, in the event of a transfer to another post, a resumption of 5 working days will be necessary. Compressed working hours will only be offered on acceptance of this condition.
- A copy of Appendix 2 (Terms and Conditions of Employment for Working Compressed Hours) should be forwarded to Service Centre Personnel/HR Services for HQ Staff so that the revised working pattern can be entered into the pay system.
- The employee must determine, with line management's agreement, in advance of commencing their new pattern of work, which day will be their non-working day. This will ensure that adequate arrangements are made to cover the employee's absence from the office and ensure that no undue pressure is placed on other team members. Requests to vary working days should be discussed with line management and if mutually agreeable, the working day can be varied in order to meet the needs of the employee or Department.
- If an employee falls sick on one of their working days, the absence will be recorded as sick leave. However, if the employee is sick on a non-working day, the absence will not be recorded. Where an employee's working day falls on a privilege day and the employee has agreed in advance with management to work on that day but fails to attend due to illness, sick absence will be recorded and a day off in lieu will still be granted. However, if an employee is sick on a privilege day, where it has been agreed in advance that the employee would not attend work, sick absence will not be recorded and a day off in lieu will not be granted. All calendar days in a period of long term absence will count as sick absence.
Introduction
Principles
Procedures
Conditioned hours
or
Conditioned hours for staff working part-time are always expressed as a net figure.
Flexible Working Hours (FWH)
General principles
Supervision of staff on FWH
Definitions
| - | 7 hours 12 minutes (London)
|
|
| - | 36 hours (London)
|
|
| - | A consecutive period of 4 weeks. The basic working hours, excluding lunch breaks, for each 4 week period are 144 hours (London) and 148 hours (elsewhere). |
Time recording
Accounting
Lunch breaks
Deficit/excess carry over
Flexi-leave
Credits for absence
Abuse
Transfers and terminations
Overtime, travelling and FWH
FWH for staff at Level E and above
Staff working conditioned hours
Anyone entitled to a meal break, but who does not take it, cannot claim payment instead and a meal break of at least 30 minutes should be recorded.
Poor timekeeping and/or unsatisfactory attendance
Time lost by late attendance
Line managers should monitor the frequency of late attendance and take remedial action where necessary.
Time off for medical examination or treatment
Suspension of FWH
Compressed hours
General principles
Annual leave
Number of hours worked per week 5 days |
X |
Normal annual leave allowance |
Public holidays and privilege days
No of hours worked per week Full time equivalent (36/37) |
x |
Full time Public Holidays & Privilege allowance (75.6/77.7) |
= |
Public holidays and Privilege Hours per annum |
Sick absence
Back to Staff absence and welfare, including annual, special and sickness leave index
