Appendix 8 - Flexible Working Policy

Anyone, irrespective of length of service has the right to request flexible working.

Tracklements acknowledges the importance in achieving a work/life balance and will take seriously any written request for flexible working arrangements. This needs to be sent to your manager. We will obviously comply with all statutory requirements relating to flexible working.

There may be circumstances where we are unable to accommodate the request. We ask that you recognise that some jobs may not be suitable for flexible working by virtue of the nature of the work and in those situations we reserve the right not to agree to a request for flexible working

You are able to make 2 requests in a rolling 12-month period.

Any agreed change to your terms and conditions will be permanent, unless we agree otherwise.

Contents of your request

Flexible working can incorporate a number of changes to working arrangements, you may therefore request a variation of your employment contract in respect of, for example:

  • the hours you are required to work;

  • the times when you are required to work;

  • changes to your hours of work;

  • part-time working;

  • job-sharing;

  • working term-time only;

  • working shifts;

  • where you are required to work (as between your home and places of business of the Company).

You have the right to have the request considered seriously, in accordance with the statutory procedure, but this does not give you a right to a contract variation.

Procedure

If you decide to make a flexible working request you must follow this procedure. However, before making an application you should think about:

  • what working pattern will best suit your needs;

  • the financial implications a change might have on you;

Your application must be submitted to your Manager and must:

  • be made in writing, signed and dated;

  • state that it is an application is a statutory request;

  • state whether a previous application has been made by you to the Company and, if so, when;

  • specify the change applied for and the date on which it is proposed that the change should become effective;

An application is made on the date when it is received.

The entire process (including any decision on appeal) will be completed within 2 months from the date of the request.

Your Manager will request to meet with you to discuss your application, within 28 days of receiving the application.

We may suggest an extension to any of the time periods referred to. Such an agreement must be recorded in writing by your Manager and specify what period the extension relates to and what date the extension will end. The agreement must be agreed by you. A signed and dated copy of the extension would be sent to you.

Meeting

The time and place of the meeting must be convenient to both you and your Manager.  An employee of your choice who is also employed by the Company, i.e. not an external trade union representative, may accompany you at the meeting. That employee will be permitted to confer with you during the meeting and to address the meeting (but not to answer questions on your behalf).

If your chosen companion will not be available at the time proposed for the meeting and you propose an alternative, mutually convenient time which falls within seven days after the day proposed by your Manager, they will postpone the meeting to the time proposed by you. Alternatively, you should consider choosing another companion.

Normally within 14 days of this meeting, your Manager will inform you of their decision by a dated notice in writing.

Agreement

If your application for flexible working is agreed by Tracklements we will issue you with a new contract which replaces all the terms and conditions of your existing contract. If the agreed change results in a reduction in hours, your pay and any other benefits will be scaled down on a pro rata basis. Whilst we will try to keep the same or similar status of employment, it may not be possible to do so.

Refusal

If we are unable to agree the application we will write to you explaining why and let you know the appeal procedure. For reference, reasons why flexible working cannot be agreed might be:-

  • Additional cost to Tracklements

  • A detrimental effect on our ability to meet customer demand

  • An inability to re-organise work amongst existing staff

  • A detrimental effect on quality or performance

  • an inability to recruit additional staff

  • an insufficiency of work during the periods you propose to work;

  • a planned structural change;

  • any other ground allowed by regulations.

Withdrawal of Application

The Company can treat an application as withdrawn under the statutory provisions where you have:

  • notified your Manager, orally or in writing, that the application is withdrawn;

  • without reasonable cause failed more than once to attend a meeting or appeal meeting.

Your Manager will confirm the withdrawal of the application to you in writing unless you have already provided written notice of the withdrawal.

Appeal

You are entitled to appeal against the Company decision to refuse an application and must do so within 14 days after the date on which the notice of decision was given. The notice of appeal must be addressed to a Director in writing, setting out the grounds for appeal and be dated.

The Director will hold a meeting with you to discuss the appeal normally within 14 days after your notice was given unless, within that time period, the Director gives you written notification that the original decision has been overturned and specifies the variation which has now been agreed and the date on which it will take effect.

The time and place of an appeal meeting must be convenient to both you and the Company. You have the same right to be accompanied by a fellow worker as at the initial meeting.

In most circumstances within 14 days after the date of the appeal meeting the Director will give you written, dated notice of the decision on the appeal. Where the Company upholds the appeal the notice must specify the contract variation agreed to, and state the date on which it is to take effect. Where the Company dismisses the appeal, the notice will state the grounds for the decision and contain a sufficient explanation as to why those grounds apply.

Breaks from the formal procedure

If you do not meet the eligibility criteria under this policy, but you want to make either a permanent or temporary change to your working arrangements, you may make an informal request under the procedure to your Manager, who will consider the request according to our business and operational requirements.

There may be exceptional occasions when it is not possible to complete a stage of the procedure within the expected time limits. Where an extension of time is agreed with you, your Manager will write to you confirming the extension and the date on which it will end.