Managers play a critical role in creating and sustaining a flexible working culture. Below are some considerations before you make your decision about a flexible working request. You may also find helpful some key tips and ideas for establishing effective flexible working.
You may find it helpful to use this checklist in your discussion with the individual when considering the impact of a particular flexible working request.
For most situations (see below) you can agree to a flexible working request without senior manager approval. This doesn't include contractual changes, such as the number of hours worked (ie. reduction/increase in hours) which need to be decided by the reporting manager or Head of Department, in discussion with, and with the agreement of more senior managers, taking into account any financial implications.
See the Manager/Head of Department approval process chart (.pdf) for more information.
You must decide as soon as practicable but within six weeks of the request being made. Managers may use a trial period to assess how an arrangement may work, usually a period of three months.
A formal flexible working request is permanent, unless the request is for a temporary arrangement or there is need for a trial period.
Once agreed a formal flexible working request is permanent it will remain in place until either another request is made by the employee or organisationally there is a requirement to review the needs of the workload and consult regarding change. If such a change is needed, this will be discussed first with the individual concerned.
You may use a trial period to assess how an arrangement may work, usually this will be for a period of three months and agreed by you and the individual in writing.
It is important to remember that just because you’ve permitted one arrangement for one individual, it won’t automatically entitle others to the same arrangements.
Requests should be considered in the order in which they are received. If the first request is approved this will naturally change the context in terms of the second request. There is no requirement on you to make a decision based on the most deserving request, simply consider each request on its own merits in order.
You must make your decision based on the business needs and resources available at the time of their request. Circumstances may have changed since the other employee had their request granted which may unfortunately mean that it is not possible to grant the most recent request.
All decisions should be focused on organisational needs and job demands. It is important to communicate to everyone the decision and its rationale. Documenting the basis for these decisions is always a good idea in case questions arise later.
In an environment where a number of staff are already working flexibly, it may be helpful to consider calling for volunteers from staff with existing arrangements, who may wish to change these working arrangements, thereby creating the capacity to grant a new flexible working request.
People and Culture will be able to support you to consider requests where they may be of a complex nature.
If you've refused a flexible working request, the employee has a right to appeal. You're not allowed to tell them not to appeal. If the employee wishes to appeal, they must do so within 14 working days.
Find out more about the appeals procedure.
New starters with less than the statutory 26 weeks service are able to make a request for flexible working. We do not require our staff to have a minimum length of service before they can submit a request.
If you receive a request from a member of staff with less than 26 weeks service then you should consider their request in line with the Flexible Working Policy (.pdf).
Fixed-term member of staff can make a flexible working request. Fixed-term employees should be treated the same as permanent staff.
It is likely that you may receive competing requests from different individuals which may mean that they are not all possible.
Considerations that may help in reading a decision:
Advice should be sought from People and Culture if you think you cannot accommodate all the requests and will have to prioritise them.
Flexible working can have positive effects for both the individual and the University and every effort should be made to accommodate the request. Where a flexible working request is made, you should consider it with a view to making it work, which may mean thinking creatively about how the team and delivery currently works.
If you believe that supporting the request may not be possible you should discuss any potential difficulties with the individual in the first instance. Proactively explore possible alternatives which may be different from that proposed and ensure that all possible flexible working options are discussed. If a compromise can be made, then try it.
When making a decision, you will need to balance the operational needs of the University with individual preference. The request can only be turned down for a genuine legal reason (see below). People and Culture are happy to help should you need it.
Trying to persuade an individual not to submit a formal flexible working request is not allowed, even if you don’t think it can be accommodated. All employees have the right to make a formal flexible working request and you have a legal requirement to consider the request in a reasonable manner. It can only be turned down for a genuine legal reason (see 'Legal reasons for turning down a request' section).
Requests must be considered in a reasonable manner and can legally only be turned down for one or more of the following reasons:
If you decline a request, failing to provide at least one of the above justifications could leave you open to a legal claim.
In coming to a decision, you should consider whether the role, and work requirements, remain full-time even if the individual moves to part-time hours.
If the role remains full time, then consideration will need to be given to how to cover the remaining hours, eg. another part time role, job share, re-organising work in some other way (but which ensures that no one has a role which is over loaded).
Where changes are to reduce working hours, only one request may usually be made in a rolling 12-month period to limit disruption to delivery. If the arrangement suits both parties however, then this can be considered.
Teaching constraints are where an individual is available to work but not to teach. This must be time specific (eg. not available Monday, 10am-11am). Teaching constraints are not permanent and will be considered on an annual basis.
Examples include:
If the request is a teaching constraint request, you should follow the teaching constraint procedure contained within the timetabling policy (.pdf).
Formal flexible working is where an individual is not available to teach or work due to personal commitments. Changes following a formal flexible working request are permanent and will remain in place until another request is made by the employee or organisationally there is a requirement to review the needs of the service. This should help to provide more certainty for individuals, particularly in the case of care commitments.
Examples include:
Where individuals are unable to teach at particular times due to health reasons this should trigger an occupational health referral.
An individual can submit a teaching constraint if they already have an agreed flexible working arrangement. Having a formal flexible working request does not preclude the individual from submitting a ‘teaching constraints’ form to accommodate other work commitments such as research group meetings etc.
As part of the teaching constraints process it is important that you review all the flexible working, teaching unavailability and OH adjustments for the whole department together. This ensures appropriate teaching cover and confirms that you have considered the applications carefully before submission.
You will need to review all new constraints alongside those previously approved on a permanent basis. Any new flexible working approvals should be sent to People and Culture .
You should think about: