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Flexible Working Policy

This policy describes the process by which an ESC employee can make a flexible working request

Summary Process for Requesting Flexible Working 

Summary of flexible working request process. Full details within the text.

Purpose and scope 

The Ethical Standards Commissioner (ESC) is committed to supporting employees to maintain a healthy work / life balance and recognises the many factors involved in balancing work and home life. ESC undertakes to comply with all statutory obligations in this area. In the context of work, there are many ways in which our employees can be supported in achieving their chosen balance. This policy is designed to assist and support employees as a key part of this commitment. 

This policy applies to all employees regardless of working pattern or nature of employment contract. It will not apply to others carrying out work on behalf of ESC (agency staff, contractors etc) who will be governed by the contract under which they have been employed or contracted.

 

Implementation, monitoring and review of the policy 

Overall responsibility for policy implementation, monitoring and review lies with ESC. Everyone covered by the scope of the policy is obliged to adhere to, and facilitate implementation of, the policy.  Appropriate action will be taken to inform all new and existing employees and others covered by the scope of the existence of the policy and their role in adhering to it.  The policy will be reviewed at such times as legislation or a change to the ESC policy position requires it and at least every four years.  The policy will be made available to the general public.

 

Right to Request Flexible Working

ESC recognises the benefits which can accrue to both employer and employee as a result of flexible working and already operate a flexible approach to working hours. 

In addition, ESC recognises that eligible employees have the right to request flexible working and ESC has a duty to consider that request. ESC has an obligation to consider such requests seriously in accordance with business requirements and provide a reply within specific timescales.  Employees should note that ESC has no obligation to automatically grant the request. 

Qualifying for the Right to Request Flexible Working

The right to request flexible working extends to employees who:

  • are employed by ESC under a contract of employment

  • are not Agency Workers

  • have not have made more than 2 applications to work flexibly under this policy within the previous 12 months

  • complied with the notification procedure

What is meant by flexible working? 

Eligible employees will be able to request the following proposed changes:
 

  • a change to the hours they work

  • a change to the times when they are required to work

  • a change to the place of work – perhaps another office, or to work from home (this must be done in conjunction with the Remote Working policy)

This includes working patterns such as annualised hours, compressed hours, home-working, job-sharing, shift working and term-time working.  Employees should contact their line manager for further details on any of these possible options.

 

Making an Application to ESC

Employees should notify ESC in writing. The request should be addressed to the line manager and details of this notification should include:

  • the date of the request

  • an indication that the request is being made under the right to request flexible working 

  • confirmation that it is an application for a change in the employee’s terms and conditions of service

  • details of the flexible working pattern being requested

  • the proposed date* on which the change should become effective

  • reference to any previous application and the date when it was made

  • Where a request to work at a different location is included, the employee should have read and understood the Remote Working policy and can make their application using the Remote Working Agreement template provided in that policy.

*Employees should note that resolving these requests can take time and should allow sufficient time between making the request and any proposed start date. Further information can be obtained from their line manager.

Employer’s Obligations

On receipt of a formal flexible working request, ESC will:

  • acknowledge receipt of an employee’s application

  • organise a meeting at a mutually convenient time to discuss the request within 28 days of receipt of the request

  • offer the opportunity for a companion to be present when meeting with the employer to discuss the application

  • seriously consider the request in the light of the employee requirements and business needs through exploring in depth all possible options to accommodate the request

  • confirm the employee fully appreciates any financial implications of the request, the impact on the terms and conditions of service and that any change is permanent

  • within 14 days of the meeting, write to the employee either

    • accepting the request, setting out details of the new working arrangement (Including a Remote Working Agreement from the Remote Working Policy, if appropriate) and setting a start date

    • confirming any compromise which was offered at the meeting and set a date for the employee to respond, or

    • rejecting their request, explaining the business reasons for doing so, and setting out the mechanism by which the employee may appeal against this decision

  • ESC will consider a time–limited or temporary flexible working pattern where circumstances dictate

  • not subject an employee to a detriment, disadvantage, unfair treatment or dismissal because of a request to work flexibly. Please refer to the Equality, Diversity and Inclusion policy. 

Appealing against a refused application

Where ESC refuses a request for flexible working, the employee will be advised of the business reasons in reaching the decision. Employees will have the right to appeal against the decision normally within 14 days of receipt of this.  Normally all appeals will be held in accordance with the appeal procedure which is set out in the Resolution Policy.

Where an employee believes ESC has not responded to the request or has failed to meet the required time frames, the employee should refer to raising a grievance under the Resolution Policy. 

Employees should note that this will not apply where extensions to the times have been mutually agreed or have occurred as a result of the employee’s absence.

Withdrawing a request

Employees should note that once they have made an application under this policy even if they subsequently decide to withdraw the application, the maximum number of applications within a twelve month period is limited to two.

Equality Impact Assessment

Does this policy comply with the general Public Sector Equality Duty (s149 Equality Act 2010)?
This policy applies to all employees regardless of working pattern or nature of employment contract. It will not apply to others carrying out work on behalf of ESC (agency staff, contractors etc) who will be governed by the contract under which they have been employed or contracted. Its impact was considered when drafting and we consulted with all employees prior to publication to identify and address any issues.

 

Data Protection Impact Assessment

Have we considered any effect the policy may have on the collecting, processing and storing of personal data?
The records generated by this policy will contain personal data and may contain sensitive and special category personal data. Suitable retention and destruction policies are in place to manage this material.

 

Information Security Impact Assessment

Have we considered the impact any policy may have on our cyber-resilience?
This policy should have no impact on our cyber-resilience.

 

Records Management Impact

Have we considered the impact any policy may have on our ability to manage our records?
This policy should have no impact on our ability to manage our records.  

 

 

Version History

VersionDescriptionDateAuthor
1.0Policy Terms First Adopted14/10/2024Human Resources and Facilities Officer

 

Date policy first adopted: 01/04/2011 

 

Review period: Ad hoc when a change to legislation or ESC process requires it and at least every four years  

 

Date of last review: 14/10/2024 

 

Date of next review: 31/10/2028