Policy This policy provides employees with a general outline of the statutory provisions relating to flexible working.
These statutory provisions are complex and, in the event of any discrepancy, will override the terms of this policy.
This policy applies only to Compassionate Care Team Ltd employees. It does not apply to workers, agency workers, casual workers or contractors.
This policy does not form part of any employee's contract of employment and may be amended at any time.
Any data collected as part of this policy will be processed in accordance with current Data Protection legislation, the Privacy Notice issued to staff and the Data Security and Data Retention Policy and Procedure.
Procedure Eligibility Criteria In order for an individual to be eligible to make a flexible working request they must satisfy all of the following: • Be an employee • Have worked for Compassionate Care Team Ltd for at least 26 weeks at the date the request is made, and • Have not made a flexible working request in the previous 12 months, even if that request was withdrawn
Making a Flexible Working Request An eligible employee who wishes to make a flexible working request must: • Make the request in writing • State that it is a flexible working request • Set out the details of the proposed working arrangements, including a proposed start date • Identify the impact the change would have on the business and how that might be dealt with, and • Confirm whether or not a previous request has been made in the last 12 months The request should be made to the employee's immediate line manager. Employees are reminded that the more detailed and clear that they make their proposal, the more quickly Compassionate Care Team Ltd will be able to deal with it.
Flexible Working Process Once an eligible employee has submitted a valid flexible working request, Compassionate Care Team Ltd will normally arrange a meeting at a convenient time and place to discuss this request. The employee is entitled to be accompanied to this meeting by a work colleague or trade union representative. Following this meeting, Compassionate Care Team Ltd will confirm its decision in writing as soon as is reasonably practicable. Should Compassionate Care Team Ltd feel that it is able to grant the employee's request in full without the need for a meeting, then it will write to the employee confirming this decision.
Flexible Working Request Decision When deciding whether to grant the employee's request, Compassionate Care Team Ltd will look at the following factors: • The burden of additional costs • Any detrimental effect on the organisation's ability to meet customer/Service User demand • Whether work can be reorganised among existing staff • Whether additional staff can be recruited • Any detrimental impact on quality • Any detrimental impact on performance • Whether there is sufficient work during the period you propose to work • Any planned structural changes This list is intended as a guide and is not exhaustive. It is anticipated that Compassionate Care Team Ltd will be able to ensure that an adequate number of employees of the appropriate level are available to ensure appropriate care for Service Users. If Compassionate Care Team Ltd is able to grant the request, it will be confirmed to the employee that their employment contract will be changed to incorporate the new working pattern, it will set out when this will start and will outline the impact this will have on the employee (e.g. in relation to salary and holiday entitlement). If the employee's working pattern is changed, the change will be permanent. The employee will not be entitled to their former working arrangements unless agreed to by Compassionate Care Team Ltd.
Refusal of a Flexible Working Request Compassionate Care Team Ltd is entitled to refuse a flexible working request if it is unable to grant it. The organisation will specify the reasons why this is the case in the particular circumstances If an employee has had their request rejected, they are entitled to appeal against this decision. The employee must set out their grounds for appeal in writing within 14 days from the date of the decision to refuse the flexible working request. An appeal meeting will be arranged and the employee is entitled to be accompanied to this meeting by a colleague or trade union representative. At the appeal meeting Compassionate Care Team Ltd will discuss the reasons for the rejection and the employee's grounds for appeal. Following the appeal meeting, the employee will be informed of the appeal decision as soon as is reasonably practicable. The decision following the appeal is final and there is no further right of appeal.
Compassionate Care Team Ltd anticipates that the process from receipt of the initial flexible working request to the decision on any appeal shall take no more than three months unless an extension is agreed between the parties. Compassionate Care Team Ltd may, at its discretion, choose not to adopt the full flexible working procedure but shall, in any case, notify the employee of the decision within three months unless an extension is agreed.