What is flexible working?
Flexible working describes a range of employment options designed to help colleagues manage and enjoy work, as well as their lives away from it. It’s a broad term and can cover lots of different scenarios, but it typically means working arrangements which are different to those which currently exist. These are some examples of flexible working:
- Reducing contractual hours
- Different working pattern
- Working compressed hours
- Different work location
Additionally, our co-op considers requests for career breaks and job-shares as part of our flexible working arrangements for colleagues.
Who can make a flexible working request?
Any colleague employed by our co-op. There’s lots of reasons why someone may benefit from flexible working, including:
- Childcare (child/grandchild).
- Carer for relative/friend/neighbour.
- Education/study.
- Volunteering (e.g. local charity).
- Transport/travel issues.
- Domestic/personal circumstances (e.g. relocation, relationship breakdown, etc.).
- Health issues (and to support regular treatment for health issues).
It’s important to recognise that you don’t need to have a particular reason for requesting flexible working though. You might request this because you think this will enable you to better manage your physical and mental health and wellbeing, for example.
When can I request flexible working?
Colleagues can request this at any point during their employment with us. It can also be agreed during recruitment (for example, as part of the offer process). However, if you have already made two flexible working requests in the previous 12 months, you do not have the right to make a further request. That said, if this applies to you and your circumstances have changed, please discuss this with your line manager.
How do I make an application?
By logging into Zellis Employee Self Service (Your Working Arrangements > Flexible Working Request). The form will ask you the following:
- How you want to work flexibly (i.e. the changes you are requesting) and when you would like them to commence.
- Any reasons behind your request.
- Whether you’ve made any other flexible working requests in the last 12 months.
Once submitted, this form will go to your line manager.
How long does this process take from start to finish?
We’ll always consider your request in as timely a manner as possible. However, as explained later on, some requests are more straightforward to consider than others. We have two months from receipt of your application to provide you with an outcome, including any appeals process (unless we mutually agree in writing to extend this period for any reason). Whilst we would not expect the vast majority of requests should take this long to consider, we’d always advise you to make your request as soon as possible.
What should I think about when making a flexible working request?
If your flexible working request is accepted, this will result in a variation to your terms and conditions of employment. This will be a permanent change (unless otherwise agreed) and you would not have the right to revert back to your previous contract / working arrangements thereafter. Therefore, we’d advise you give careful consideration to your request and any financial implications it may have, if accepted.
What happens after I’ve submitted my request?
You’ll be invited to attend a flexible working consultation meeting. This will usually be held by your line manager as they’ll be best placed to consider your request, but we reserve the right for the meeting to be held by someone else. You’ll be given advance notice of the meeting arrangements via Zellis ESS. The purpose of the meeting is to further explore your request and how this could be accommodated. It’s a good opportunity for you to provide further details and for the manager to fully understand your situation.
I’d like to be accompanied at my flexible working consultation meeting.
You have the right to be accompanied at your flexible working consultation meeting, either by a work colleague or a trade union representative. If you're a trade union representative yourself, you may be accompanied by an area organiser or a full-time trade union official. The companion may speak at the flexible working consultation meeting on your behalf, but they’re not allowed to answer questions for you, address the meeting if you do not wish them to, or prevent the manager from speaking. You should let us know the details of your companion as soon as possible, and no later than the day before any meeting. We reserve the right to refuse to accept an individual as a companion in the event that there is an unreasonable conflict of interest, or unwarranted expense or time delay would be incurred. If you choose to be accompanied, it's your responsibility to ensure that you communicate directly with your trade union or work colleague regarding representation, including details of the meeting and making them aware of / providing them with copies of any associated paperwork. If your companion is not available to attend the meeting, you can suggest another date as long as it is not more than five calendar days after the date originally proposed by us. If they’re unable to attend in person please speak with the manager or the People Team as arrangements might be able to be made for them to access the meeting remotely (for example, via Microsoft Teams or Zoom).
When do I hear about the outcome?
If your request is quite straightforward for the manager to consider, you might know the outcome within the flexible working consultation meeting. In other cases, the manager may need to go away and further consider this (e.g. look at rotas and availability of work), so you’ll be advised of the outcome at a later date. Sometimes you might be asked to attend another meeting if your line manager feels that there are further details they need to explore with you to make a decision. In any event, we will always endeavour to provide you with an outcome in as timely a manner as possible.
Won’t my request be automatically approved?
Whilst we'll do our best to accommodate your request, there may be circumstances which mean we’re unable to meet your request in its entirety (or at all). The manager will consider things like impact on customer service or the branch / department’s performance, volume of work and the ability to recruit (as examples) in reaching their outcome. Where we're unable to meet your request, we'll always try to work with you to find a mutually suitable agreement or compromise.
To help encourage flexible working at our co-op, any manager who feels they may not be able to accommodate a request is required to discuss the circumstances with a peer (i.e. another manager) to see if they can offer any ideas or suggestions as to how the request could be supported. The final decision is ultimately that of the manager who is handling the request.
How is the outcome confirmed to me?
The outcome of your flexible working request will be confirmed to you via Zellis ESS. Where your original request is agreed (or an otherwise mutually acceptable agreement is reached), this will detail confirmation of:
- The agreed changes.
- The implementation / effective date.
- That these changes are considered permanent (unless otherwise agreed) and you do not have the right to revert back to your previous contract / working arrangements thereafter.
Where a change to your Contract of Employment arises as a result (e.g. reduction in contracted hours), you will also subsequently receive an amendment to your Contract of Employment.
If your request is declined, we'll also let you know via Zellis ESS. This will set out the manager’s grounds for refusing your application and provide explanation as to why they apply in the circumstances. The reasons for refusing a flexible working request include:
- Extra costs that will damage the business.
- The work cannot be reorganised among other colleagues.
- People cannot be recruited to do the work.
- Flexible working will affect quality and performance.
- The business will not be able to meet customer demand.
- There’s a lack of work to do during the proposed working times.
- The business is planning changes to the workforce.
If your request is refused, you'll be advised of your right of appeal.
Can I, or my manager, suggest a trial of the flexible working arrangements?
Yes. This is sometimes a good idea to give you both an idea of how the arrangements might work in practice. However, this is something which would need to be mutually agreeable to you both (i.e. this might not be something the business can accommodate for the reasons listed above). If a trial is agreed, the arrangements for this, including the date it is to be reviewed will be confirmed. Your Contract of Employment will only be varied for the duration of the trial period and you will have no right to continue the revised working arrangements beyond this time.
Can I appeal if my flexible working request is declined?
Yes. If you do want to appeal, you must do so within 7 calendar days of receiving the outcome letter, setting out your grounds for appeal. You should submit your appeal via Zellis Employee Self Service (Your Working Arrangements > Flexible Working Appeal).
What does the appeal process entail?
The details of your request and your line manager’s outcome will be passed on to another manager for them to review. The appeal manager will be allocated by the business and, wherever reasonably possible, will not have been involved in the process to date and will be senior to the manager who made the original decision. You’ll be asked to attend an appeal hearing with this manager, for them to discuss your request and appeal in further detail. As with your flexible working meeting, you’ll have the right to be accompanied at your appeal hearing by a work colleague or trade union representative.
Following the appeal hearing, and further to any appropriate investigations, the manager will consider:
- Whether the outcome was appropriate and fair in the circumstances.
- Whether any new information has been submitted that may have altered the original decision.
- Whether the information available supports the original decision.
- Whether our policies and procedures have been correctly and fairly followed.
- What you would like as an outcome (although, ultimately, the decision will be the appeal hearing managers).
Further to due consideration, you’ll receive an appeal outcome in writing. This will explain what the appeal manager has considered and whether they uphold your appeal or your line manager’s original decision.
If your appeal is upheld and your flexible working request is agreed, you'll receive written confirmation of:
- The agreed changes.
- The implementation / effective date.
- That these changes are considered permanent (unless otherwise agreed) and you do not have the right to revert back to your previous contract / working arrangements thereafter.
If the original decision is upheld and your flexible working request is refused, the appeal manager will set out why the business grounds (outlined earlier in this section) apply in the circumstances. You only have the right to appeal against a flexible working outcome, so the formal process is exhausted once you have received your appeal outcome.
I made a flexible working request but I don’t need these arrangements anymore. Can I withdraw my request?
If you haven’t already had an outcome to your request, you can contact your line manager to provide the revised details of your request or to withdraw this altogether. The details of your revised request should be made in writing, but we will accept and process both verbal and written requests to withdraw your application. Furthermore, we will consider your request as withdrawn if, without reasonable cause, you either:
- Fail on two separate occasions to attend your flexible working or appeal meeting.
- Refuse to provide us with information we need to assess your flexible working request.
If your flexible working request is withdrawn, we will confirm this in writing to you. If your request has already been agreed, then you do not have the right to revert back to your previous contract / working arrangements. You can make a further flexible working request in the future, as long as this doesn’t exceed a total of two requests in a 12 month period. That said, if this applies to you and your circumstances have changed, please discuss this with your line manager.