Flexible Working Guidance for Managers

Oxford Brookes UniversIty is committed to promoting and practising equal opportunities in employment. This includes giving employees, wherever practicable, the opportunity to work more flexibly. The University supports a variety of forms of flexible working including part-time or part-year working, job sharing, compressed hours and flexi-time. Although there is no automatic right for employees to work flexibly, the University is keen to ensure that all requests are considered fairly and all options are explored fully before any decisions are made.

The purpose of this guidance is to assist line managers in their decision making when considering a Flexible Working Request from an employee. It should be read alongside the Flexible Working Policy, to ensure that requests are handled in line with the University’s policy and the statutory requirements for requesting flexible working.

This guidance reflects the legislative framework set out in the Flexible Working Act 2023, under which:

• all employees have a statutory right to request flexible working
• employers must consult with an employee before rejecting a Flexible Working Request
• employee’s are able to make two statutory requests in any 12-month period
• the timeframe for a decision to be made (including any appeal) is two months.

It is the responsibility of line managers to ensure that when considering a request:

• all requests are given full and fair consideration in accordance with the University’s Flexible Working Policy
• the time frames laid down in the Policy are adhered to or, where changes may be necessary, these are agreed in advance with the employee and confirmed in writing
• the employee is given appropriate support and information throughout the request process
• requests are only refused after careful consideration, only for the reasons set out in the Policy, and where there is a good and substantiated business case for doing so.

Once a Flexible Working Request Form has been submitted line managers are required to hold a meeting with the employee concerned. Employees should be made aware of their right to be accompanied by a fellow employee or a trade union representative.

The meeting provides an opportunity for both parties to explore the options available and to clarify any concerns or questions they may have. It is important that all applications are considered fairly and approached with an open mind and that no decisions are made before the meeting takes place. If line managers are worried that the request could be problematic, the meeting provides an opportunity for both parties to look at how the suggested change could be managed, and where necessary to suggest and explore alternatives.

Before holding the meeting the line manager should:

• prepare a list of any issues that are of concern/need clarification
• consider the impact on colleagues of the employee to consider the level of support for the application (for example if the employee wants to reduce their hours is there anyone else on a part-time contract who would like to increase theirs?)
• review the variety of flexible working options available at the University if they feel an alternative option might be more appropriate/successful.

If, prior to holding the meeting, the line manager has any concerns about the Flexible Working Policy, Procedures, or request itself, they should contact the relevant people manager in the People Directorate.

No decisions should be taken at the meeting itself. Following the meeting the line manager should consider and gain advice if needed from the people manager.

When refusing a request, other acceptable alternative options should be considered and offered and any refusals must be reasonable and supported by clear, genuine and substantiated business grounds (see the Flexible Working Policy for what constitutes a genuine and substantiated business ground).

When granting a request, line managers are encouraged to utilise trial periods of between 3 - 6 months to ensure that the changes are working as intended, and expected for all parties. Trial periods should be made clear in the outcome letter, and subsequent variation to contract letter. Toward the end of the trial period, managers should meet with the employee to discuss how the trial period has gone, prior to making any change permanent. Line managers must consult with their people manager regarding next steps should the changes be deemed to have a negative impact on the University. 

It is essential that line managers have sufficient evidence and good and verifiable reasons to support any refusal.

For example:

It would not be sufficient for a line manager simply to state ‘the change requested will negatively impact on service quality’ or that ‘the change will lead to additional costs for the department’. Unsupported assertions do not constitute sufficient evidence. line managers will need to demonstrate on what basis they are claiming that service quality will be affected or costs will rise. If they can provide evidence to support their case then this should be made available, if they cannot then they should identify how the likely impact on service quality or costs is being measured.

If the line manager receives an Appeal against the decision to reject, or reject in part, a Flexible Working Request, they must inform their people manager from the People Directorate and appoint a suitable Manager to hear the Appeal, in line with the Policy.

If line managers have any concerns about how to manage a Flexible Working Request, further advice and guidance is available from the People Directorate.

Further useful information is available on the Equal Opportunities Commission website.