Wightlife
Flexible Working Directory
1. Introduction
The modernising
government agenda means that change is fundamental to the context within which
the Isle of Wight Council operates both in providing services and its
management of people. To meet these challenges, managers may need to reconsider
traditional working methods and practices.
Flexible working
involves a range of different working arrangements which allow managers and
their staff to utilise non-traditional working patterns. The Isle of Wight
Council has introduced a number of options for working flexibly and these all
form part of Wightlife which is the Councils worklife balance strategy.
Wightlife reflects the changing culture of work. It enables the Council to meet
service demands more effectively and also help employees to balance their work,
home and personal priorities.
Flexible working
can be particularly advantageous to working parents, people with caring
responsibilities and to those with medical problems or disabilities which may
otherwise restrict their choice of working patterns, but the options are
available to anyone to apply for.
In addition to the
benefits for employees, flexible working methods can avoid or minimise the
costs of overtime, assist with the provision of cover at peak times, reduce
absenteeism, improve morale and motivation, increase the retention of highly
skilled staff and reduce training costs.
Inevitably,
managing flexible working patterns can create additional work but there are
advantages to both the employer and employee where flexible working is
appropriate and makes good operational sense.
Aim of the flexible working directory
This directory
provides guidance and definitions across a range of flexible working models. It
is not intended that the models outlined be prescriptive. It is open to
individuals and managers to adapt the models to suit local circumstances and
service needs, but care should be taken to consider the guidance provided. It
is an important aspect of the Councils People Management Strategy that
managers and their teams are trusted to find their own solutions to flexibility
within the strategic framework and in so doing achieve creative solutions to
their worklife balance situations.
Use of the flexible working directory
Any of the
flexible working arrangements are, in principle, available to all employees
except those under the control of a school governing body and uniformed Fire
Service employees for whom separate arrangements apply but the needs of the
service are equally important and some options simply may not be operationally
practical for certain jobs.
Different flexible
working patterns will therefore be more or less suited to particular service
areas and types of working. It is the intention of the Council that all
employees should be given the opportunity to request a flexible working pattern
which they feel is either more suited to the job or to their personal
circumstances at the time, however, operational feasibility will play a key
role when requests are considered. In dealing with any request the needs of the
employee must be balanced against the needs of the service and operational
practicalities. Disagreements in relation to the implementation of flexible
working methods will be considered under the Councils Grievance Procedure.
Consideration of
flexible working proposals will require a forward thinking approach by all
parties and an appreciation of the aim of the Wightlife strategy.
In addition to
individual employee proposals, flexible working options can also be introduced
by management to ensure effective provision in specific areas. This will always
be following full consultation with the affected employees.
This directory may
also be useful for managers and employees with disabilities who are discussing
the options for making reasonable adjustments. Under the Disability
Discrimination Act the Council has a duty to make reasonable adjustments to
prevent a disabled employee from being at a substantial disadvantage by working
practices or the workplace.
There is no
specific definition of what a reasonable adjustment is but it may include
altering or reducing an employees hours of work. As with any changes to
working practices, the manager will need to ensure that the changes are
acceptable and workable from a service delivery perspective.
Overview of Flexible Working Options
Flexitime
Staff can start
and finish work flexibly within a bandwidth of earliest and latest starting and
finishing times. Flexitime can be accrued and taken at a later date within a
given period.
Job sharing
Job sharing
involves two (or occasionally more) people voluntarily sharing the
responsibilities of a full-time post, dividing the terms and conditions between
them according to the hours worked.
Term time working
Some jobs, in
schools, already operate during school term-time only. Term-time working may
also be an option for the other posts not based in schools. If employees
request to work a reduced number of weeks per year they will be paid pro-rata
accordingly.
Voluntary reduced hours
This allows an
employee to voluntarily reduce their standard working week by working less
hours, generally known as part time working. Hours can be reduced on either a
temporary or permanent basis. Pay is pro rata.
Career breaks
Career breaks involve
an employee taking an unpaid break from their employment with the Council for
an agreed period. Reasons for taking the break may be varied including pursuing
further education, because of family commitments or for personal development.
Compressed hours
This involves an
employee working full-time hours within a reduced period of time. For example,
nine days over a fortnight or four and a half days over one week.
Annualised hours
This involves
employees working a specific number of hours over a year. The weekly hours
worked can be increased during peak periods and decreased during quieter times.
Additional Annual Leave
Under a salary
sacrifice arrangement additional annual leave can be purchased.
Remote working
Remote working
includes homeworking and involves employees working away from their office or
normal work location for a number of days or part days either occasionally or
on a regular basis.
Impact on employment
The following
considerations will primarily relate to flexible working options which involve
reduced hours, but some issues may also be relevant for other patterns such as
homeworking. Where this is the case, these are explored in greater detail
within the specific flexible working guidance documents.
Legal issues
Employment
legislation and case law places obligations on the Authority when considering
requests for flexible working and managers will need to be aware of these.
Advice should therefore be sought from the HR team, particularly when an employee
requests a significant reduction in their working week or a significant change
in the method of working eg homeworking.
The Working
Time Regulations could
impact on some flexible working methods. The regulations allow a maximum
working week of 48 hours per 7 days averaged over a 17 week period. Employees
are entitled to a rest period of 11 consecutive hours in each 24 hour period
and 24 hours uninterrupted rest in any 7 day period or 48 hours in 14 days.
Employees are also entitled to a 20 minute rest break when the working is over
6 hours (4.5 hours for young workers) and the rest break must be taken during
the shift and not at the beginning or end.
The regulations
set out a number of circumstances in which the provisions relating to breaks in
the working day, daily rest, weekly rest and night working do not apply. Such
exceptions would apply where there is a need for continuity of service, a need
to provide security or protect persons or property or where there are unusual
or unforeseen circumstances beyond the employers control.
The Flexible
Working Regulations give
employees a statutory right to apply for flexible working if they have parental
responsibility for children under 6 years of age or disabled child under 18.
Employees must also have been employed by their organisation for 26 weeks to
have any rights under these regulations. Employers are under a duty to consider
such requests seriously.
Pay Issues
Employees taking
up flexible working options which result in reduced working hours will be paid
on a pro-rata basis according to the number of hours worked. With the exception
of career breaks and any unpaid special leave, employees will continue to
receive their pay monthly. If necessary employees should seek advice from the
HR team prior to agreeing a flexible working proposal so that specific salary
details can be calculated and considered.
Leave Issues
The impact on
annual leave arrangements will vary according to the type of flexible working
options agreed. Managers should refer to the individual flexible working option
when assessing the impact.
Pension
Deductions from
salary for the Local Government Pension Scheme are made monthly and will
continue at the normal percentage rate except for periods of unpaid leave.
Pension payments and benefits will be affected by a reduction in an employees
working hours or working year in terms of pensionable service, lump sum and
monthly payments. Employees should obtain details of the impact on pension the
Councils Pension Section.
Car loans
Repayment of car
loans is not affected by any reduction in working hours. Employees must
continue with the agreed payments.
Car allowances
Mileage allowances
are unaffected and will continue to be paid in accordance with the Councils
existing arrangements.
Sickness
absence
National
conditions of service for sickness payments will apply. For the purpose of
Statutory Sick Pay (SSP), all seven days of the week are classed as qualifying
days and, therefore, need to be covered whether or not an employee is due at
work. Employees must submit a self-certificate for all absences up to and
including seven days duration. A doctors medical certificate is required to
cover the eighth and any subsequent days of illness. Entitlement to
Occupational Sick Pay will be pro-rata according to the number of days actually
worked.
Maternity leave
/ pay and Paternity leave
Employees will be
entitled to the benefits of the maternity scheme but payment will be reduced on
a pro-rata basis. To ensure entitlement to maternity pay, all employees working
flexible patterns will have to return to work for three months if receiving
occupational maternity pay. Employees will be entitled to paternity leave on a
pro-rata basis.
Training
Employees will
have access to training opportunities on the same basis as full-time employees
but managers need to adapt ongoing on-the-job training programmes to
accommodate different working patterns.
Filling vacant
hours created by employees taking up flexible working
Where an employee
taking up a flexible working pattern has created a number of vacant hours
within that post eg a number of hours per week as with part-time, or a number
of weeks per year as term-time working, then careful consideration must be
given to the filling these hours/weeks. Where it is decided to fill the vacant
hours then this must be done without incurring significant additional cost ie
the hours must be paid at a normal rate.
Resignation
Employees are
required to be given the appropriate notice for the grade of their post in
accordance with their conditions of employment.
Approved
overtime
Where hours are
worked in excess of the contract, payment at plain time will be made up to 37
hours ie normal full-time hours, before the appropriate enhanced rate is
applicable.
Provision of
information
Employees who,
because of the nature of the flexible working pattern, are remote from the
workplace, must be kept informed by their manager about relevant workplace
information.
Accommodation
and equipment
Consideration will
need to be given to the possible impact on accommodation and equipment if, for
example, a number of staff reduce their hours within a section and these are
subsequently used to make up another post.
Health and
Safety
When considering
remote or homeworking managers must pay particular attention to health and
safety issues.
2. Process
The following
process provides a method for handling employee requests and introducing
particular flexible working methods.
Eligibility
All employees have
the right to request to work more flexibly. However, there will be some roles
within particular service areas where many of the flexible working options will
not be operationally practicable.
Considering the
initial request
The employee will
make a request for flexible working in writing to their line manager. The
toolkit at the end of this document contains an example pro-forma that will
provide the basic information a manager will need in order to consider the
request. The information provided by the employee will form the basis for a
meeting with the manager where the request can be more fully explored. The
employee should give an indication of a possible start date and the period
during which flexible working is required.
The manager must
meet the employee within 28 days of receipt of the request. Within 14 days of
this meeting the manager must notify the employee of the decision.
The employee may
wish to give reasons for requiring a particular flexible working option and
this information is confidential to those responsible for making the decision.
The manager should not make speculative judgements about the importance or
relevance of reasons for requests. It is essential to view the request as
objectively and fully as possible, taking into account only the practical
implications:
- Workload of the person making the
request and the team in which they work
- Options for re-scheduling and/or
re-prioritising work
- Alternative options for flexible
working
- Implications for conditions of
employment
- Financial implications
There may also be
other issues that are unique to the situation and these should also be
considered.
Within their
written proposal the employee will be expected to give consideration to any
impact their request may have upon their own work, other team members and
service delivery and will be expected to offer constructive suggestions as to
how these can be managed.
Making the
decision
It is recommended
that managers consider flexible working applications in consultation with the
HR team. This will encourage consistency and provide a facility for recording
and monitoring flexible working within the Council.
Multiple
requests
Where a manager
receives a number of flexible working proposals, or a joint proposal from a
group of employees, the requests will have to be considered collectively.
Agreeing the
request informing the employee
The agreed changes
must be subject to the successful completion of a trial period after which a
review must be undertaken to assess the viability of the change. The review
should be arranged for a suitable period after commencement agreed between the
employee and the manager. The employee will need to be issued with a formal
letter of notification about the trial period including an explanation of the
impact on the individuals conditions of service and the agreed flexible
working arrangements. An example is attached in the toolkit.
Reviewing the
arrangement
An initial review
meeting should be arranged at the end of the trial period, although it is
important to discuss any difficulties or problems before this time. A
successful trial period should be confirmed in writing. If the trial period is
unsuccessful, this must be explained to the employee and confirmed in writing.
It is the managers responsibility to ensure this review takes place.
Ending the
arrangement for operational reasons
Beyond the review
period, all flexible working arrangements will be made subject to a proviso
that the individual may be required to revert back to their original pattern of
working or an alternative if there are identifiable and significant operational
problems are identified at any time. Such action will not be taken unreasonably
and will always be subject to full discussion with the individual concerned and
the giving of appropriate notice.
Right to revert
back voluntarily to original pattern of working
Individuals will
have the right to revert back to their original pattern of working within the
trial period subject to their giving appropriate notice.
Once the trial
period has been served and the arrangement has been confirmed, individuals will
not have the right to revert to their original pattern of working. They will,
however, have the right to request a variation of their pattern of working and
managers should treat this as a new request for flexible working.
Action where
agreement is not given to take up flexible working
If it is
considered that a post is unsuitable for the specific flexible working option
proposed by the employee or group of employees, the reasons for this decision
must be communicated to the employee, ideally by discussion and followed up in
writing. Requests for flexible working should only be refused on one following
grounds:
- Burden of additional costs
- Detrimental effect on the ability to
meet customer demand
- Inability to reorganise work among
staff
- Inability to recruit additional staff
- Detrimental impact on service quality
- Detrimental impact on performance
- Planned structural changes
- Other relevant business grounds
Grievances
Where an employee
is dissatisfied with a decision in relation to a proposal they have made to
work more flexibly, they have access to the Councils Grievance Procedure. A
grievance must be lodged within ten working days of notification of the
decision.
Monitoring
flexible working
The Central HR
Department will monitor flexible working across the Authority. This will
facilitate a corporate overview of the operation of the flexible working policy
and procedure and the monitoring of equal opportunities in employment.
3. Flexible
working options
FLEXITIME
What is
flexitime?
Flexitime is a
method of working flexible hours that enables employees to vary their hours
during the day to accommodate both the needs of the service and their personal
circumstances. Flexitime allows an employee to choose their own starting and
finishing times each day within a bandwidth of hours. Excess hours can be
carried forward from one accounting period to the next or used as flexileave.
Similarly, a limited number of deficit hours can be made up.
Fluctuating
service needs during the day may be better accommodated by taking a flexible
approach to the hours worked. Similarly employees are able to work around
personal commitment with agreement of their manager. Flexitime can be applied
successfully to many service areas, although inevitably some jobs will not
operate practicably under this system.
Who can work
flexitime?
In principle
flexitime can be applied to most jobs. Managers are responsible for identifying
service areas in their department where flexitime cannot be applied because it
would have a significant detrimental impact on service provision to clients and
customers. Part-time and casual employees will normally work to the times set
out in their contracts of employment but may be permitted to work flexitime at
the discretion of their manager.
Managing
flexitime
Managers should
ensure that the required level of service is provided at all times and may
reasonably require employees to work standard hours. Managers and their staff
are free to vary the model scheme set out below to suit particular service
delivery needs but the essential principle of flexitime is that work comes
first.
Key features
The following
model scheme permits the employee to structure his or her working day:
Flexible time The period
when employees may vary their starting and finishing times. Employees must
agree with their line manager the flexitime bandwidth ie the earliest start
time and the latest finish time. A lunch break of at least 30 minutes must be
taken.
Cover time The period
of time within which the minimum staffing levels as defined by the manager will
apply. Cover time is normally 8.30 am to 5.00 pm Monday to Thursday and 8.30 am
to 4.30 pm on Friday.
Recording of
hours
Hours worked must
be recorded in a manner approved by the manager and this will normally be on a
flexitime form. At the end of each accounting period the form must be given to
the manager for confirmation of hours worked.
Accounting
period and time off in lieu
The accounting
period is four weeks and during this period the employee will be required to
work their contracted hours, subject to permitted credits and debits. During
the accounting period the employee may work up to 10 hours in excess of their
contracted hours which can be carried forward to the next accounting period.
During each accounting period excess hours worked may be taken off with the
managers prior approval as flexileave. No more than four debit hours may be
carried forward and debits in excess of the four hour limit will be treated as
absence without leave and an abuse of the system.
All credit hours
must be used prior to the employee leaving the Councils employment as no
payment will be made for the excess hours worked and not taken. When the
employee is in debit, the number of hours in debit will be deducted from the
final salary payment.
Absence from
work
Time away from
work due to authorised absence will be credited to the employee.
Contractual
issues and other practical arrangements
In general terms
and conditions of employment will not be altered by working flexitime.
Rate of pay
This will be the
salary grade of the post pro rata to the normal contractual hours. Normal
salary progression rules apply. Overtime working will be authorised in advance
by the manager and recorded as normal and is completely separate from
flexitime. However, overtime will only start within the agreed bandwidth if the
employee has already completed a standard 7 hour 24 minute day and overtime
will not be approved if the employee is in debit.
Annual leave
and sick pay
These are in
accordance with national and local conditions of service and credited
accordingly. A full day is 7 hours 24 minutes and a half day is 3 hours 42
minutes.
Abuse of the
system
To maintain an
effective level of service, managers will determine the minimum staffing level
that will apply during cover time ie normal office hours. It is essential that
employees working flexitime co-operate with their manager to ensure that
minimum staffing levels within their service area or work group are maintained.
Failure to do so may be considered to be an abuse of the system. Employees
found abusing the system will be excluded from the flexitime arrangements and
may have other disciplinary action taken against them. Other offences would
include falsifying records and persistently working less than the contracted
hours within the parameters set out above or agreed with the manager.
JOB SHARING
What is job
sharing?
Job sharing
involves the voluntary sharing of a post with the individual sharers receiving
pay and benefits in proportion to the number of hours they work.
Job sharing allows
employees to reduce weekly working hours without having to change job or career
prospects and may suit the needs of employees who, for example, are working
parents, have caring responsibilities or a disability. The Council can also
benefit from a dual input of ideas and experience plus improved recruitment,
retention and employee motivation.
Who can work on
a job sharing basis?
Job sharing is
available to all employees in principle but, there are naturally some posts
which will not be suited to job sharing where the impact on service provision
negates the possibility of a successful job share. Job advertisements should
make it clear where job sharing is available and when determining the division
of hours and duties it is important to ensure that each set of hours form a
viable package in their own right, to attract new applicants if necessary.
Managers are
responsible for identifying posts that cannot operate on a job share basis
because of a significant detrimental impact on service provision. Requests to
job share should not be refused without full consideration and operational
justification.
How does a job
share begin?
Two employees
doing similar jobs may apply to share one of the jobs and release the other as
a vacancy.
Two candidates may
apply for a vacant post on a job share basis and one or both be successful but
each application will be considered on its own merits. Where applications are
received from two employees wishing to job share together they should be
assessed in the same way as applications from other candidates. Joint
candidates should be interviewed separately to assess individual abilities to
do the job. The selection panel may make an offer of appointment to one job
share partner only, if the other partner does not meet the requirements of the
person specification. The remaining hours may then be re-advertised or be
offered to another candidate who wants to job share.
Two separate
candidates can be appointed to a vacant post on a job share basis.
An existing
employee may apply to job share and, if agreed, the other half of the job would
then be advertised.
Managing job
sharing
The distribution
of duties and responsibilities for a job share post should be determined by the
line manager in consultation with the job sharers (taking account of skills and
interests) and with regard to the needs of the service. However, the overall level
of responsibility should be equal.
Most difficulties
with job sharing occur where the job share is not managed properly and where
there is a lack of communication and co-operation between the job sharers and
other colleagues/the manager, particularly because the job sharers may miss out
on day to day issues. It is important to build in a period during the week or
at least once per fortnight, when the two jobs sharers overlap their time
(without working extra hours). It is recommended that each job sharer records
useful information and ongoing issues for the other.
Contractual
issues and other practical arrangements
Job sharers will
have service conditions applied to them on a pro rata basis in accordance with
the relevant national negotiating body and local conditions of service with
some exceptions. The main issues are outlined as follows:
Contract of
employment
Each job sharer
will have an individual contract of employment. The job description may include
a section incorporating agreed split tasks.
Rate of pay
This will be the
salary grade of the post pro rata to the hours worked. Job sharers will not
necessarily be on the same salary point within the grade. Normal incremental
progression will apply.
Flexitime
Job sharers may be
able to participate in the flexitime scheme in agreement with their manager
although certain posts may only be able to operate a limited scheme or none at
all.
Annual leave,
sick pay and maternity/adoption leave
These are in
accordance with national and local conditions of service pro rata to the hours
worked.
Pensions
Employees
considering job sharing should contact the Pensions Section for more
information on pensions.
Vacancies
Job sharers can
apply jointly or individually for vacancies within the Council (where the job is
suitable for job sharing) on equal terms with full time employees subject to
the usual assessment process.
Training
Job sharers will
have the same access to training, information and opportunities as full time
employees.
Resignation of
one partner
Consultation
should take place between the manager and the remaining job sharer to determine
mutually acceptable cover. The remaining job sharer will be given the option of
accepting the full time contract or replacement of the job sharing partner.
TERM TIME
WORKING
What is term
time working?
Term time working
is a method of flexible working where the employees working weeks mirror Isle
of Wight schools term weeks. All requests for term time working will be
considered subject to operational needs. Requests which do not match the Isle
of Wight Councils school terms may be considered by management upon request
subject to operational needs.
Who can work
term time?
Line managers have
responsibility for identifying where in their service areas term time working
cannot be applied because it would have a significant detrimental impact on
service provision. Term time working will not be a practical option for all
service areas, as many services outside the school environment will need to
operate on an all year round basis.
Managing term
time working
Managers should
ensure the required level of service is provided at all times and the
recruitment of other employees may be needed to cover the school holidays when
the permanent postholder is not working.
Contractual
issues and other practical arrangements:
Contract of
employment
A term time
working contract means the employee works all the weeks of school terms but
employment is regarded as continuous throughout the year.
Annual leave
and sick pay
Term time working
employees must take their annual holiday entitlement during the school
holidays. The taking of holidays in term time is not generally permitted.
However, it is acknowledged that special arrangements may need to be made for
emergencies and the Councils policy on Special Leave should be referred to in
such circumstances. Sick pay and monitoring will only apply for the days of
sickness absence that occur when the employee is working.
Working hours
A term time
working employee can work full time or part time hours.
Rates of pay
The annual salary
will be based on the number of days/hours that the employee works and the
salary will be paid in twelve equal monthly instalments.
Pension
Local Government
Pension Scheme contributions would be the standard percentage, deducted from
each month earnings.
Training
Term time working
employees should have the same access to training information and opportunities
as year-round employees. A term time working employee will be expected to make
themselves available for training even if they fall within the weeks off.
Adequate notice will be given to make alternative arrangements for those days
and compensatory time off should be offered.
Voluntary
Reduced Hours
What are
voluntary reduced hours?
This is an
arrangement commonly referred to as part-time working whereby employees can
voluntarily reduce their working hours. Pay and benefits will be reduced
accordingly.
Who can work
voluntary reduced hours?
Any employee may
request a reduction in their working hours to meet a variety of personal,
caring or family commitments or for ill health reasons. Reducing working hours
may allow an employee to continue in work when otherwise they would have had to
change jobs, leave or be dismissed on ill health grounds.
Managing
voluntary reduced hours
The detail of the
reduced hours must be agreed between the employee and the manager to meet both
operational and personal needs. The reduced hours may involve working fewer
hours per day or working less days per week. In both cases the decision can be
taken to either fix the working time eg set hours or days of working or allow
the arrangement to be flexible to meet the fluctuations of operational needs eg
the employee remains on flexitime with an adjusted standard working day
and/or the working days can be subject to change on a prearranged basis
dependent upon workload.
Contractual
issues and other practical arrangements:
In general, terms
and conditions of employment will not be altered by the reduction in hours but
will be, where applicable, pro rata to reflect the reduction in hours.
Rate of pay
This will be the
salary grade of the post pro rata to the hours worked. Normal progression rules
will apply.
Flexitime
Flexitime may
continue to be appropriate with, if applicable, a reduced standard working day.
Flexileave entitlement will be on a pro rata basis dependent upon the number of
hours worked and will be calculated as usual.
Annual leave
and sick pay
These are in
accordance with national and local conditions of service pro rata to the hours
worked.
Public/Bank and
extra-statutory holidays
Entitlement to
public/bank and extra-statutory holidays will be pro rata to the hours worked.
Pension
Employees
considering reducing their working hours should contact the Pension Section.
Filling the
vacant hours
How the vacant
hours are filled will depend upon the number of hours available. The manager
may, for example, choose to; delete the hours and/or undertake a minor restructure
taking into account the new work arrangements or fill the hours by recruitment
or other internal arrangements to accommodate the vacant hours.
Training
Part-time
employees will have the same access to training information and opportunities
as full-time employees.
Career Breaks
What is a career break?
A career break
enables an employee to take an unpaid break from work for personal reasons and
maintain continuity of service with the Council. The employee is required to
give a minimum of 3 months notice to commence a career break. With the
exception of continuity of service all other terms of the employment contract
with the Council will be suspended. On return, at an agreed date following the
career break, the employee will be able to return to the same or similar
position within the Council without competitive selection.
It is recognised
that during an employees working life there will be times when personal
commitments may take priority over work eg bringing up children, longer term
care for sick or dependant relatives or pursuing a course of further education.
The Council can accommodate such personal commitments, where operationally
practicable, through career breaks. The benefits to the Council include the
recruitment and retention of skilled and experienced employees and knowledge
and experiences brought back to the workplace.
What is the purpose of a career break?
The purpose of a
career break could be to:
- Extend the maternity leave period
- Extend a period of adoption leave
- Care for dependant relatives
- Enter full time education
- Extended foreign travel
The reasons are
not all inclusive and others may be considered with the exception of taking up
other paid employment.
How long is a career break?
The minimum break
is three months and the maximum break is one year. There is no limit to the
number of career breaks an employee can take providing they return to work for
the authority for a minimum of two years between each career break.
Who can apply for a career break?
All permanent
employees with at least two years continuous Isle of Wight Council service
regardless of the number of hours worked are eligible to apply for a career
break.
What happens to the employees job during the career break?
The line manager
will give consideration to appropriate arrangements to cover the work of the
employee. Decisions will inevitably depend upon the length of the career break
but may include; the recruitment of a temporary employee on a full or part time
basis, reallocation of some of the duties or secondment of an existing
employee.
Extending the career break
If the employee
wishes to extend their career break they must do so in writing giving a minimum
of three months notice. The line manager will give consideration to the
extension along the same lines as the original request and may grant up to one
year in total.
Cutting short the career break
There will be no
automatic right to cut short a career break but managers will consider such
requests from an employee if they can be accommodated.
Contractual issues and other practical arrangements
Contract of employment
The employee will
be required to sign an agreement suspending all terms of their contract of
employment, with the exception of continuity of service, during their career
break from the Council and their contract of employment will remain suspended
for the duration of the protracted period of absence. The employee will return
to their substantive post or to a similar post on an agreed date at the end of
the career break subject to any structural changes following an organisational
review. This will not constitute a break in service and general conditions of
service will apply as at the start of the career break when the employee
returns to work.
Rates of pay
At the end of the
career break the employee will return to the same incremental point they were
on at the start of the career break which may result in salary protection if
the post has been downgraded in a restructure.
Pension
Employees
considering career breaks should contact the Pensions Section for more
information.
Disciplinary warnings
Any live
disciplinary warnings will be suspended for the duration of the career break
and will be carried forward upon the employees return to work.
Compressed Hours
What are compressed hours?
Employees working
compressed hours will work their standard hours over fewer days by extending
the working day. Examples of this include a four and a half day week, nine day
fortnight or 18 day month (based on a four week month). Compressed hours can be
a means of introducing some flexibility into jobs which do not meet the
requirements for flexitime. Similarly, compressed hours enable extended service
availability beyond the standard working day or provide quiet time for work at
the beginning and/or end of the day.
Managing compressed hours
Compressed hours
can work within a team situation but the day/half day not worked would have to
be flexible to maintain service provision. If a number of employees within a
service were to work compressed hours it may be that the system would operate
more effectively on a rota basis. As with the flexitime system, where a manager
believes that an employee is abusing the system then disciplinary action may be
taken.
Contractual issues and other practical arrangements
It is advisable to
confirm the system of compressed hours in writing with the employee.
Time recording
Time should be
recorded by the employee as with flexitime and regularly checked by the
manager.
Annual leave and sickness
Compressed hours
will affect arrangements for annual leave and sick pay. Annual leave
entitlements will need to be calculated in hours.
Annualised
Hours
What are
annualised hours?
Annualised or
averaged hours is a system where an employees hours are totalled over a
period, often a year. Employees work more or less hours each week as agreed up
to the annual maximum.
Who can work
annualised hours?
Working a system
of annualised hours will normally only apply to those employees in areas where
the demand of the service varies on a regular basis over a period of time
usually fitting in with seasonal peaks and troughs.
Managing
annualised hours
Annualised hours
can reduce the need for overtime and the cost of recruiting and managing
temporary seasonal employees and whilst Managers should ensure the required
level of service is provided at all times they also need to be aware that
working very long hours in times of peak demand can result in increased stress
and also difficulties for employees with caring responsibilities. Managers will
need to take into account the relevant parts of the Working Time Regulations
regarding breaks and the number of hours worked in any particular period.
It may be possible
and helpful to the service and to employees to have a number of different
working patterns available, rather than just one pattern common to all.
The manager and
employee should review and agree arrangements for working annualised hours each
year.
Contractual
issues and other practical arrangements
Contract of
employment
An annualised
hours contract means that, whilst the hours of work may vary at different times
of the year, the employee works all the weeks of the year and employment is
therefore continuous.
Rates of pay
The annual salary
will be based on the number of hours the employee is required to work in a year
and will be paid in twelve equal monthly instalments. Employees working
annualised hours will not be entitled to overtime payments and adjustments to
final salary may be necessary should an employee leave.
Annual leave,
public/bank and extra-statutory holidays
Entitlement to
annual leave and public/bank and extra-statutory holidays will be in accordance
with national and local conditions of service but calculated and taken in hours.
Pension
Local Government
Pension Scheme contributions would be the standard percentage, deducted from
each month earnings.
ADDITIONAL ANNUAL LEAVE
What is additional annual leave?
Quite simply this
gives employees the opportunity to purchase additional annual leave under a
salary sacrifice arrangement ie the employees annual salary is reduced pro
rata to the number of days purchased.
Who can purchase additional annual leave?
In principle any
employee can purchase additional leave.
Managing annual leave
Managers should
ensure the required level of service is provided at all times and the amount of
annual leave to be purchased must be agreed between the employee and manager to
meet operational and personal needs.
Annual leave
cannot be sold and any annual leave untaken at the end of a leave year will
be subject to the normal rules on the carryover of leave from one leave year to
the next.
Employees who have
purchased additional leave may only revert to their normal contractual basic
annual leave entitlement at the beginning of a leave year.
Contractual
issues and other practical arrangements:
In general, terms
and conditions of employment will not be altered by the purchase of additional
leave but will be, where applicable, pro rata to reflect the reduction in
annual salary.
Rates of pay
The annual salary
will be reduced to reflect number of additional days leave purchased.
Flexitime
Flexitime may
continue to be worked.
Annual leave and sick pay
These are in
accordance with national and local conditions of service.
Pension
Employees
considering the purchase of additional annual leave should contact the Pension
Section.
REMOTE WORKING
What is remote
working?
Remote working
options provide choices for employees about where they do their work. Options
include home working and mobile working and combinations of the two. The common
feature is that an individual works away from their normal office or
administrative centre for some proportion of their working time. This may be an
occasional arrangement or it may form a regular pattern.
Remote working can
give employees greater choice about how and where they work and can reduce the
amount of time that an individual spends travelling.
Contractual
issues and other practical considerations
Managing employees
who are not in the office everyday can present problems. Managers and employees
will have to think through what, if anything, needs to be changed in relation
to how work is managed. The actual impact will vary relative to the amount of
time an individual spends working away from the office and the nature of the
job. Particular attention will always need to be dedicated to the following:
Health and
safety
Health and safety
legislation requires the provision of a safe working base and safe systems of
work. Before home working can be authorised, the employees manager will need
to assess the suitability of the home (or alternative location) as a workplace.
Risk assessments and routine inspections will be undertaken by the manager to
ensure that the areas of work are safe and that safe systems of work are being
practised.
Hours of work
Contractual hours
and times of work as a result of remote working will remain unaltered unless by
mutual consent. Where a variation is agreed the pattern of working hours will
be agreed between the employee and the manager to suit both operational and the
employees personal needs.
Communication
Employees who are
regularly working away from the office will be required to attend their office
or normal workbase on a regular basis, and at times agreed with their manager.
The manager will ensure that the employee receives all appropriate information
and communications and will also ensure that a workstation will be available
for the employee when he or she comes into the office.
Ownership of
equipment
All equipment,
documents and materials supplied by the Council for work remains the property
of the Council and is provided solely for business use and may not be removed
to another location without written consent. If it is used for private purposes
there could be tax implications for the individual.
The employee will
be responsible for the safeguarding of the equipment and for its safe return if
and when the remote working arrangement ceases.
Confidentiality
and data protection
Individuals
working remotely must ensure the confidentiality and security of any papers,
files, documents etc that are in their keeping. This includes information
stored electronically.
Insurances
Under the terms of
the Councils Employers Liability Insurance and Personal Accident Insurance,
remote working employees who sustain an accident are covered in the same way as
employees located on Council premises, provided that the incident occurred
whilst undertaking Council business. Household insurers always need to be
advised if any part of a domestic area is to be used for any other purpose than
residential.
Mortgage/tenancy
agreements and Council Tax
Employees should
check with their mortgage lender or landlord to ensure that they are not
subject to terms and conditions that prevent them from working from home.
The Council will
not meet any part of the Council Tax which is the employees personal liability.
Business rates would most likely only arise if the use of the employees
property changed.
More detailed
guidance on Homeworking is available from the Central HR Department and this
should be referred to by both managers and employees in consideration of any
specific arrangement.
TOOLKIT
Flexible Working Application
This form can be used to make a formal
application to vary an existing working arrangement. An application can be made
individually or by a team of work group colleagues.
The completed form should be returned to
the immediate line manager.
Personal Details
Name(s):
..
Job Title:
.
Section:
...
Details of application
Flexible Working Option:
Main features of the flexible working
option you are proposing
..
What are the benefits of this option?
(include both personal benefits and the
benefits to the Council):
continued
Are there any service delivery issues to be addressed in
order to ensure that this arrangement will not result in deterioration of
standards?
Describe what these are and what solutions
you are recommending:
Any other comments in support of this proposal:
Signed
Date
Model Letter : Trial Period
Re: Request for Flexible Working
Further to your meeting with
..on
.,
I confirm that there will be a mutually agreed variation to your working hours
arrangement for a trial period with effect from
... . For the duration of
the trial period you will work on the following basis :
(insert full details of revised working
arrangements)
This arrangement may be made permanent
subject to the successful completion of the trial period which will be reviewed
on
. If this working arrangement is not considered to be operationally
feasible the reasons for this will be explained to you and confirmed to you in
writing. You will then revert back to your original working hours arrangement.
If you are dissatisfied with the outcome of any decision made in relation to
your flexible working proposal, you will be able to pursue this via the
Councils grievance procedure.
I understand that it has been explained to
you that you are responsible for considering the short and long-term
implications of this new arrangement in relation to your conditions of service
and entitlements under the Local Government pension Scheme. The main changes
are, however, specified below:
(insert details of revised terms and conditions; pay
(pro-rata), holiday entitlements etc)
If you require any further information
about the arrangement please do not hesitate to contact me. If you are in
agreement with the details above, please sign and date the declaration below
and return one copy of this letter to
..which will be retained on your
personal file.
Yours sincerely
I agree and accept the temporary, mutually
agreed variation to my terms and conditions of employment.
Signed
Date
Model Letter : Confirmation of Flexible Working
Re: Flexible Working Proposal
Further to your meeting with
..on
, I confirm that the trial period for your flexible working proposal has been
successful and the arrangement can now be made permanent / extended until the
date requested which is
. .
My letter dated
confirmed the
details of your revised working arrangements and the main changes to your terms
and conditions of employment.
I confirm that although this arrangement
may now be viewed as permanent, the needs of the service may in future require
a review of work patterns making amendment necessary. Any proposed changes will
be the subject of full consultation with you.
If you require any further information
please do not hesitate to contact me. If you are in agreement with the details
above, please sign and date the declaration below and return one copy to
which will be retained on your personal file.
Yours sincerely
I agree and accept the temporary, mutually
agreed variation to my terms and conditions of employment.
Signed
Date
Model Letter : Rejection of Flexible Working
Re: Flexible Working Proposal
Further to your meeting with
on
. , I confirm that the trial period for your flexible working proposal
has identified operational difficulties which will mean that the arrangement
cannot be made permanent or extended further.
The difficulties are explained below:
(insert details of the issues that have arisen and
were discussed at the review meeting)
As discussed, you will revert to your
original arrangements with effect from
. . If you are dissatisfied
with the outcome, you do have access to the Councils grievance procedure.
Yours sincerely
