Flexible working toolkits

Tips to make managing flexible working easier

Things you can do as a manager and be mindful of, to make managing flexible working easier:

• discuss what flexibility people would like in team meetings
  
• ensure people keep in contact when they're working from home
  
• attend the flexible working for managers espresso session
• if multiple people have the same request or someone has a request that doesn't seem possible then, if appropriate, discuss with the team to come up with a suggestion or solution that works for all and doesn't impact service or customer needs
  
• make it clear if certain things are not possible
• be open minded to requests, if refusing a request then think about whether you can be more creative to enable it to be possible or trial a suggestion prior to making a final decision to see how it does or does not work and how you could adapt to make it work
  
• manage performance on output not presenteeism
  
• have agreed team rhythms to ensure relationships and connectivity within the team if you have a lot of remote workers
  
• avoid siloed working which can lead to a loss of connection
  
• have a plan in place for introducing new employees to the rest of the team
  
• be aware of inclusion and presenteeism bias
  
• have regular check-ins with those who work remotely or on a different pattern to discuss wellbeing
  

Examples of flexible working

Formal and informal

Compressed hours

You can arrange to work your agreed hours over fewer days. For example, a person who works 35 hours a week may request to work those hours over 4 days instead of 5.

If you wish to request a formal or permanent arrangement to compress your hours, you will need to go through the formal application process to request a contractual change. This means there is less flexibility on how you work the compressed hours, but gives you a permanent arrangement for when you work. For example, if you request not to work on a Monday, then you will always have a Monday off rather than any other day that suits at the time.

You can also request compressed hours via an informal flexible working request. This is when it is requested as needed and agreed by your manager. You may get into a routine for compressed hours, but if it is an informal arrangement, you can still be required to work on a day that you have usually been off. You may also be required to change these arrangements if needs within the team change.

You cannot use compressed hours to build up extra days to take as extra leave.

If this is formally agreed as a contractual change, your annual leave will be calculated in hours. If you are not contracted to work on a day that falls on a public holiday, you will not be entitled to have the day back.

Home working and remote working (on Island only)

Home or remote working on Island can be considered as both a long-term or short-term arrangement, for example, if you can't get into work because of inclement weather or you would benefit from working remotely, undisturbed due to a particular project. This could include working from home, an alternative office or workplace.

You must be able to be contacted at any time during your working hours and be able to perform your role as required.

Many teams have put in place frameworks to support home and remote working and this arrangement is encouraged where it is appropriate for service delivery.

Permanent home working will require a contractual change and should be applied for using the online form below.

Apply for flexible working

Line manager guidance for working from home requests

If the approved request relates to a team member regularly working from home, you must consider and action the following before confirming approval of the request in writing. This is because the outcome of these actions might delay the start date:

• ensure a display screen (DSE) assessment is undertaken from the home environment
  
• consider whether additional equipment is needed
  

Display Screen Equipment (DSE) considerations

If your application is a request to work regularly from home, your line manager must consider the proper use of display screen equipment. This means that you'll need to complete an online Healthy Working DSE Assessment and it's essential that one is carried out. If you have been working from home, you may have already carried out an assessment. However, your line manager must ensure that you complete one annually, or if there are any changes to your workstation, or the equipment you use at home.

The online Health and Safety home working assessment can be found on MyStates. This provides online training and an assessment and will take approximately 45 minutes to complete.

Equipment considerations

To determine if you need any equipment, you must share the results of your DSE assessment with your line manager. If you do, and your application for home working is a permanent one, your manager will need to consider whether any equipment is needed to ensure you can work safely from home. Your health and safety representative can provide further advice.

Your line manager will need to complete a homeworker risk assessment.

Guidance on the security aspects of working from home can be found on the home working security policy which is on MyStates.

Informal only

Time back

Time back allows you to claim back additional time that you've been required to work, or to have time off when it is needed, within certain conditions.

It is for occasions where flexibility is needed from normal working arrangements where regular patterns of working hours don't usually allow for flexibility. Therefore, if you are required to work additional hours or required to stay later than usual, you can ask for that time back at a later date. Alternatively, you might want time off for an occasional appointment or hobby and with time back you can take the time off then make up the hours at another time.

You must agree arrangements in advance, or at the time you're working the hours. Some frontline service colleagues may need to work extra hours at no notice to respond to immediate needs, so an agreement beforehand may not be possible. Where this is the case, it is important the team agrees principles that will apply to manage flexibility. The toolkit for implementing a team-based approach can provide additional information.

Flexible start and finish times

Flexible start and finish times allow you to start and finish at times that differ from your typical contractual hours. This is an informal arrangement that suits you and your team and will likely be agreed on a week-to-week basis. 

There is usually a core period during which you need to be available, so it is important to speak to your manager about what expectations your team has and what your service requirements are. There may be certain days or job roles where flexible start and finish times are not possible due to service demands.

Formal only

All formal flexible working arrangements must be applied for using the online form below.

Apply for flexible working

Part-time

This is where your working hours are less than the maximum contract hours for your pay group. For example, a civil servant's contracted hours are 37 hours per week so anything less than this would be considered contractually as part-time.

Benefits and annual leave will be adjusted to the hours that you work on a pro-rata basis. To calculate this, you can use the annual leave calculator which can be found on MyStates.

Job share

Job sharing is where you share what is usually a one-person, full-time job, with one or more colleagues.

This means you share the hours, duties, responsibilities and deliverables of the job, and are jointly responsible for these.

Benefits and annual leave are adjusted (pro-rated) to the hours that you work.

Annualised hours and seasonal working

Annualised hours or seasonal working is designed for managers to allocate hours or a certain period to match the demand of the department.

The total number of hours worked in a year must be agreed in writing by you and your line manager and should outline exactly when the hours are expected to be worked.

You will be paid monthly or weekly, in line with your existing pay frequency arrangements. If you are paid monthly, the payments will be divided equally over 12 months or the number of months you are contracted to work.

Your annual leave will be calculated in hours.

Term-time working

Term-time working is where you work only during local school term-times.

Employees working term-time only are usually contracted to work 38 weeks per year. This includes all term-time days plus inset days to include mandatory training. Employees on term-time only contracts are required to work their contracted hours over the 38-week period. In some instances, contracts can also include some additional days to be worked in school holidays. In order to meet operational needs your line manager/head teacher will ensure you understand what is expected of you. 

Term-time contracts are used mainly for employees working in schools. Employees working in other service areas should refer to reduced working weeks.

If you are term-time only, your annual leave is paid in lieu of time off, and you won't be able to take annual leave off during term-time.

A term-time worker is paid for the hours they work multiplied by the weeks they are contracted to work, payment for any bank holidays that fall during term-time and their pro rata annual leave entitlement. Your salary will be paid in 12 monthly payments throughout the year. Please refer to individual terms and conditions for information.

Reduced working weeks

Reduced working weeks may be different to term-time only in that the weeks you are contracted to work may form a different pattern to the school term-time calendar. Anyone employed on a reduced working weeks contract will need to complete their contracted number of hours and weeks over a calendar year. 

The pay for employees working a reduced number of working weeks is calculated in the same way as term-time only, except the calendar weeks you agree to work will determine the amount of bank holidays you are entitled to be paid for.

Employees who work reduced working weeks are paid their annual leave in lieu and instead of applying for leave should agree when they will work their contracted weeks with their line manager. 

Formal flexible working appeal process

If your formal application is refused, then you have the right to appeal the decision.

You must appeal in writing to your Chief Officer or delegate within 14 days. The 14 days begins the day after you were notified your application was refused. 

Your written appeal should:

• explain why you think the decision was wrong or unfair
  
• provide any information you feel has been overlooked or missed when the decision was being made
  
• show evidence that your application was not handled reasonably or in line with the policy, including any compromises suggested as part of your application
  

Once your appeal is received, your Chief Officer or delegate will meet with you within 14 days to discuss. You have the right to be accompanied to this meeting.

Right to be accompanied

In order to ensure a thorough and fair appeal procedure, the Chief Officer or delegate will review any documentation and request information regarding the original decision for refusal and departmental enquiries on the reasons for the refusal.

Outcome of appeal

The outcome of the appeal will be communicated to you within 14 days of the meeting.

If your Chief Officer or delegate agrees with the grounds of your appeal, then they will write to you to confirm the changes to your working arrangements and the commencement date.

Following this decision, the Chief Officer or delegate must meet with the line manager to discuss why they have decided to approve the formal request. For example, it may have been that information was missed or misinterpreted by the line manager or the policy and procedure was not adhered to.

If the decision is to uphold your line managers initial decision, they will write to you:

• stating the reasons for the decision, in direct response to your grounds for appeal
• explaining why the grounds for refusal apply in these circumstances

The decision of the Chief Officer or delegate is final and there are no further rights of appeal. 

If an agreement is reached on the application for flexible working, then the appeal is no longer relevant and can be dismissed.

Both the employee's appeal and the Chief Officer (or delegate's) response must be sent to People Hub to be filed in the employee's personal file.

If you're unhappy with the outcome of your appeal, further guidance can be sought from JACS.