Manager's guide to requests for adjustments to working patterns

The right for employees to request adjustments to their working pattern and the duty on managers to consider requests seriously is one of a package of legislative rights designed to help parents and carers balance their work responsibilities with their duties as a carer to the benefit of employers, employees and children / dependents. Other rights include Maternity, Paternity, Adoption and Parental Leave and the right to Time Off for Dependants.

The University is committed to helping working parents and has introduced policies to meet its legal and social obligations. You are advised to discuss any of these policies with your HR Business Partner and detailed information can be found on the Current staff website.

Managing a request for adjustments to an employees working pattern requires adhering to a tightly time-lined procedure and handling issues that are not necessarily straightforward. No two cases will be the same but you will need to bear in mind:

  • A member of staff, if eligible, has the right to request adjustments to their working pattern
  • You must seriously consider, discuss and if appropriate negotiate a satisfactory outcome
  • There are tight time scales to follow (see the Appendix A flowchart)
  • There is no automatic guarantee that you will agree to a request
  • Refusal, however, can only be on recognised business grounds
  • You need to discuss the matter with your HR Business Partner as soon as you receive a request
  • The member of staff has the right, after appeal, to seek help from a third party such as ACAS and has the right to go to an Employment Tribunal if procedure is not followed or a decision has been made on incorrect facts.

Receiving a request

As soon as you receive a request you should refer to:

Considering a request

  • You should acknowledge receipt of the request as this will confirm the date for the time scales to begin.
  • You need to arrange a meeting with the member of staff and your HR Business Partner to discuss the request within 28 days of receipt of the request. The member of staff can be accompanied by a work colleague or union representative and the meeting should be held at an appropriate time and place.
  • The meeting provides both parties with the opportunity to discuss the desired work pattern in depth and consider how it might be best accommodated. Both you and the member of staff should be prepared to be flexible and be willing to explore alternative working arrangements if the original request cannot be accommodated.
  • If, as an outcome of the meeting and before you are able to give your decision, you require additional information or need time to discuss the proposed working arrangement with other members of staff, you both need to agree to an extension of the timescales and confirm this in writing (e-mail is acceptable if appropriate).
  • The employer does not have the right to ask for proof of parental/caring responsibilities or evidence of how the proposed working pattern will assist these.
  • Applications should be considered in good faith unless you have reasonable grounds for doubt in which case, following consultation with your HR Business Partner, evidence may be requested.
  • A decision on whether or not to accept the proposal should be made solely on business grounds, not the employee’s personal circumstances.
  • The key issue to consider is the impact upon the “business” of acceding to the employee’s request.

Reaching your decision

Staff could request a wide variety of different working patterns such as a reduction in hours, a change to start and finish times, compressing hours into a longer day but shorter week, annualised hours, term time working, job sharing, flexitime or home working. You must therefore clarify the contractual implications and discuss the practical implications with your HR Business Partner before reaching your decision.

Some general considerations and particularly when considering home working are:

  • nature of work to be done
  • can the work be done in the pattern of working requested
  • impact of restructuring work load on rest of duties
  • impact of restructuring work load for work colleagues and teams
  • flexibility if work commitments change (short-term), sometimes at short notice, or for meetings
  • impact on other terms and conditions, eg pay, leave, etc.

Additionally if the request is for homeworking, consider:

  • suitability of environment to work at home, space, child care arrangements. Please note that staff who are homeworking should not have sole responsibility for a child/children or other dependant during hours when they are working.
  • how performance and output will be monitored
  • health and safety in the home work area – a risk assessment should be carried out
  • contact and response agreement on home-working days
  • insurance, any additional premium for on home insurance should be met by the member of staff
  • equipment such as computer
  • consumable costs to be reimbursed such as stationery, telephone, work use of the internet
  • member of staff to meet the additional costs incurred for heating, lighting, etc
  • sickness

Notification

  • Within 14 days of the meeting your Human Resources contact is required to inform the member of staff of your decision in writing.
  • The notification of acceptance must:
    • include a description of the new working pattern
    • state the date from which the new working pattern is to take effect
    • be dated.
  • The notification of rejection must:
    • state the ‘business ground(s)’ for refusing the application
    • provide sufficient explanation as to why the ‘business ground(s)’ for refusal applies in these circumstances: include key facts as to why the business ground applies, use plain language and avoid unfamiliar jargon
    • provide detail of the member of staff’s right to appeal
    • be dated.

Business grounds for refusing a request

  • Burden of additional costs
  • Detrimental effect on ability to meet ‘customer’ demands
  • 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 member of staff proposes to work
  • Planned structural changes

Right of appeal

  • A member of staff has 14 days from the date of receiving your notification of rejection to appeal, in writing to the Director of Human Resources
  • Within 14 days of receipt of that letter a meeting will be arranged with a Deputy Vice Chancellor, Registrar and Secretary or nominee
  • The outcome of the appeal is final and must be confirmed within 14 days

Complaint to an employment tribunal or ACAS

A member of staff can make a complaint to an employment tribunal or ACAS when procedure has not been followed or if a decision was based on incorrect facts.

Review

Any changes agreed under this will mean a permanent change to the employee's terms and conditions of employment.  However, the University has agreed that there will be a review after two years when the employee will have the option to revert to their previous working arrangement, subject to the University's agreement.