Flexible working policy

1. Context

1.1 The University is passionate about creating an inclusive culture with equity of opportunity in employment for all its employees, and to develop work practices and people policies that support work-life balance.

1.2 We care about the health and wellbeing of our employees and want to invest in an environment where everyone can thrive. We believe that flexible working can reduce barriers to work, increase staff motivation and promote work-life balance, ultimately enriching employee wellbeing and improving performance and productivity.

2. Purpose

2.1 The purpose of this Policy and associated procedures is to set out our approach to Flexible Working Requests and provide guidance to both line managers and employees on the procedures that must be followed.

3. Definitions

3.1 ‘Flexible Working’ refers to the statutory right to request flexible working under the relevant legislation as described in section 4 of this policy.

3.2 A ‘Flexible Working Request’, refers to the formal request under this policy, unless otherwise indicated. 

3.3 ‘Flexible Retirement’ refers to an individual’s personal plan to transition to retirement by requesting flexible working as described in section 5.5.

3.4 Types of flexible working include:

  • part-time working / reduction of hours
  • compressed hours (for example a four-day working week or nine-day fortnight)
  • part year or semester only working
  • home-working
  • hybrid-working
  • job share.

Further information on these types of flexible working can be found in Appendix 1.  

4. Scope

4.1 This Policy applies to all employees of Oxford Brookes University. It does not apply to unpaid affiliates, workers, contractors, consultants or any self-employed individuals working for the University.

4.2 This Policy does not form part of any contract of employment or other contract to provide services. It may be amended at any time following consultation with the recognised trade unions, and subject to agreement from the Joint Staff Committee (JSC).

4.3 This Policy should be read alongside the Policies, Procedures and Guidance on the Work-Life Balance webpage.

4.4 This Policy and the procedures detailed within, are aligned to the Employment Rights Act 1996 and the Flexible Working Regulations 2014 (as amended by the Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023). 

4.5 The Procedures detailed in this Policy refer to best practice and follow the ACAS Code of Practice 5 (Code of Practice on Requests for Flexible Working).

4.6 The Equality Act 2010 may also be relevant to individual requests and provide additional protections and rights. 

5. Principles

5.1 All employees have the statutory right to request flexible working.

5.2 Under the statutory procedure, an employee can make two requests in every 12-month period. If an employee has submitted a flexible working request, they must wait until that one has been considered and any appeal has been dealt with, before submitting another.

5.3 We recognise the importance of providing flexible working for all employees. Therefore, if an employee is not eligible to make a formal request for flexible working under the statutory procedure, they may submit an informal request and the University will consider this on an informal basis.

5.4 The University will consider requests for any type of flexible working with an open mind and we encourage employees to discuss their circumstances and any request with their line manager on an informal basis prior to submitting a request.

5.5 There is no longer a statutory default retirement age, meaning each employee needs to consider their personal retirement situation and options. Where an employee wishes to reduce their working hours as part of their personal retirement plan, this should be requested under this policy, and via the Flexible Working Request Form.  

5.6 Upon receipt of such a request the line manager should speak with their people manager in the first instance. 

5.7 The University aims to provide information to help line managers and employees to understand the options available to them in relation to retirement and the pension schemes the University provides to employees. However, pension regulations are complex and the University is legally prohibited from giving direct advice on financial matters, including pensions. Information can be found on the Transition into Retirement webpage.

6. Policy

Making request for flexible working

6.1 All requests must be made by submitting the Flexible Working Request Form found in Appendix 2. This should be submitted to the employee’s line manager in the first instance.

6.2 Any request made under this policy must include:

  • the date of the request
  • the changes that the employee is seeking to their terms and conditions of employment
  • the date on which the employee would like the change to come into effect
  • a statement that this is a statutory request
  • if and when the employee has made a previous application for flexible working
  • if the employee has made a previous request, when they made that application.

6.3 If the Flexible Working Request does not contain all the required information, is incomplete, or contains errors, it will not be automatically rejected, however the employee will be asked and supported to resubmit it with the necessary additional information.

Timescales

6.4 Once the employee submits their Flexible Working Request, it will be dealt with as soon as possible and a decision communicated in writing without unreasonable delay.

6.5 All requests must be wholly dealt with within two months from receipt of the request to notification of any appeal decision.

6.6 The timescales within this policy may be extended where this is mutually agreed.

6.7 Whilst Flexible Retirement requests will be dealt with under this policy, please note that it can take up to 3 months from notification for pension payments to be set up and processed.

Consultation meeting

6.8 The line manager will arrange a Consultation Meeting to discuss the Flexible Working Request to be held without unreasonable delay, and taking into account the statutory two-month period for deciding requests, including any appeal (notwithstanding section 6.6). Refer to the Work-life Balance webpages for further guidance for managers and employees. Following this meeting the line manager may wish to gain advice from the people manager prior to reaching a decision.

6.9 The employee may, if they wish, ask a work colleague or a trade union official to attend the meeting with them. 

6.10 The Consultation Meeting is an opportunity to ensure that all relevant information is understood before a decision is made. This may include, for example, the potential benefits or other impacts of accepting or rejecting the request, any practical considerations involved in implementing the request and any alternative flexible working options that may be available and suitable for the employee and the University. 

6.11 At the Consultation Meeting, we urge the employee to be as open as possible about their needs so that we are able to engage in a collaborative discussion about what is feasible.

Considering the request 

6.12 After the meeting and within the designated timescales, the line manager will consider the proposed flexible working arrangements carefully, weighing up:

  • the potential benefits to both the employee and the University
  • any adverse impact of implementing the changes.

6.13 Each request will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar change to their working arrangements.

Notification of the decision

6.14 The line manager will inform the employee in writing of their decision (in accordance with sections 6.15 to 6.20 below), along with any additional information which is reasonable to help explain the decision. This must be communicated without unreasonable delay, and taking into account the statutory two-month period for deciding requests, including any appeal (notwithstanding section 6.6).

Where the request is granted

6.15 The request may be granted in full or in part. For example:

  • the University may propose a modified version of the request
  • the request may be granted on a temporary basis
  • the employee may be asked to try the flexible working arrangement for a trial period.

6.16 Where the request is granted in full or in part, the line manager will meet with the employee to discuss how and when the changes might be implemented.

6.17 Where any of the request is not granted, the line manager must inform the employee of the reason for this, in line with the reasons outlined in 6.19.

6.18 Any changes to the employee’s terms and conditions of employment, whether permanent or temporary, will be put in writing and sent to them as an amendment to their contract of employment.

Reasons for rejecting a request

6.19 While the University is committed to supporting and encouraging flexible working patterns, it is necessary to carefully consider and assess the effect of the requested change for both the University and the employee. In some cases, it may not be possible for a request to be accommodated because of the following reasons, as laid out in the Flexible Working Act 2024:

  • the burden of additional costs
  • an inability to reorganise work among existing staff
  • an inability to recruit additional staff
  • a detrimental impact on quality
  • a detrimental impact on performance
  • a detrimental effect on ability to meet customer demand
  • insufficient work for the periods the employee proposes to work
  • a planned structural change to the business.

6.20 The University will not reject the request for any other reason.

The right to appeal

6.21 Employees have the right to appeal if their request for flexible working is rejected or only agreed in part.

6.22 The appeal should be sent to the line manager who made the decision to reject, or only agree in part, the request for flexible working. This appeal should be in writing, and also sent to the relevant people manager within seven days of receiving the University’s decision. 

6.23 The letter must set out the grounds on which the employee is appealing. An Appeal Meeting will be held, where possible with the line manager's manager, or alternatively a delegated other of the same grade who did not make the original decision. This must be held without unreasonable delay and taking into account the statutory two-month period for deciding requests, including any appeal (notwithstanding section 6.6).

6.24 The employee may, if they wish, ask a fellow worker or a trade union official to attend the Appeal Meeting with them.

6.25 Following the Appeal Meeting, the relevant manager will inform the employee in writing of the outcome, without delay and within the statutory two-month period for deciding requests (notwithstanding section 6.6). The outcome of the appeal is final.

Treating the application as withdrawn

6.26 If the employee fails to attend, without good reason, both a first and a second Consultation Meeting to discuss the request, or both a first and a second meeting to discuss the appeal, the University will treat the request as withdrawn.

6.27 A withdrawn request will count toward the total number of requests within a 12 month period. 

7. Responsibility and implementation

7.1 Employees are responsible for following the Procedures detailed within this Policy and providing the necessary information using the Flexible Working Request Form in Appendix 2. Employees must inform the line manager of who they will be accompanied by to the Consultation Meeting and be as open as possible about their needs. 

7.2 Line managers are responsible for responding to a Flexible Working Request without unreasonable delay by arranging a Consultation Meeting with the employee in accordance with the Procedures detailed within this Policy.  Line managers must ensure that written records of all meetings are kept and shared with the employee, providing an accurate reflection of the discussions that have taken place. Line managers must ensure that the final decision is communicated in writing making it clear what has been decided and why, along with complete evidence to support the decision, taking into account the statutory two-month period for deciding requests, including appeal.

7.3 People managers are responsible for providing guidance and support as needed to both the line manager and the employee in respect of this Policy and the associated Procedures, ensuring that the employee is not subject to any detriment as a result of requesting or intending to request flexible working. 

8. Data and confidentiality

8.1 When managing a Flexible Working Request, the University processes personal data collected in accordance with its Data Policies and Guidance. Data, collected from the point at which the Flexible Working Request is received, is held securely, accessed by, and disclosed to, individuals only for the purposes of managing their request for flexible working.

9. Further information and support

9.1 For further information regarding the Equality Act 2010 can be found at the Equality and Human Rights Commission website. 

9.2 The following support is available; Referral to Occupation Health , EAP (Employee Assistance Programme), Unison and UCU, People Management Team, who can explain the process and support available, and the employee’s line manager.