About this policy
This policy has been updated to incorporate the statutory changes introduced under the Flexible Working (Amendment) Act 2023. This policy does not form part of any employee’s contract of employment, and the school may amend it at any time.
Holton Sleaford Independent School (HSIS) recognises that a better work-life balance can improve employee motivation, performance, and productivity, while reducing stress. Therefore, the school wants to support its employees to achieve a healthy balance between work and their other priorities, such as caring responsibilities, leisure activities, further learning, and personal interests.
HSIS is committed to agreeing to flexible working arrangements wherever practicable, provided that the operational needs and objectives of both the school and the employee can be met.
What is a flexible working request?
A flexible working request is a formal process designed to help employees work in a way that better suits their lifestyle and personal circumstances. A flexible working request can include options such as:
- Annualised hours
- Compressed hours
- Flexitime
- Hybrid working
- Job sharing
- Part-time working
- Remote working
- Staggered hours
- Term-time working
- Working from home
The school’s stance on flexible working
While HSIS understands the benefits that flexible working provides, the school must balance requests against operational requirements and pupil outcomes. When evaluating a flexible working request, the school will consider:
- Whether proposed arrangements could impact other colleagues and team dynamics.
- The specific responsibilities, tasks, and current workload attached to the role.
- Whether new or additional supervisory arrangements would be required.
- Any financial or administrative costs connected with the proposed pattern.
- The overall structure and operational requirements of the department or site.
- Health, safety, and security considerations.
- The availability and allocation of staff resources.
- Whether the request is connected to a reasonable adjustment under disability legislation.
Eligibility
All employees have a statutory right to request flexible working from their first day of employment. The school is also open to discussing potential flexible working arrangements with candidates during the recruitment process before their first day.
Hiring managers will:
- Include flexible working options where viable in job advertisements.
- Discuss potential flexible working opportunities with successful applicants prior to their start date.
Making a flexible working request
Under current statutory provisions, employees may make up to two formal flexible working requests in any 12-month period. HSIS has up to two months to consider and make a final decision on a request (including any appeal); therefore, employees are advised to submit requests well in advance of their desired start date.
Requests must be submitted in writing, dated, and addressed to your line manager. The written request must specify:
- The date of the request.
- The specific working pattern or changes being sought.
- The date you would like the proposed change to take effect.
- Whether the request is statutory or non-statutory.
- Whether you have made any previous flexible working requests to HSIS and the dates of those requests.
If the request relates to a reasonable adjustment for a disability under the Equality Act 2010, the employee should state this clearly in their written application.
Your line manager will consider the proposed working pattern, weighing the potential benefits and any adverse operational impacts on the school. Each request is considered on a case-by-case basis in the order received. Agreeing to one employee’s request does not set a binding precedent or create an automatic right for another employee to be granted a similar working pattern.
If the request requires further discussion, you will be invited to a formal consultation meeting held within 10 working days of the school receiving your request.
If your request can be approved in full without requiring a consultation meeting, HSIS will confirm this in writing within 10 working days of receipt, detailing the agreed arrangements and inviting you to discuss implementation.
These time limits may be extended by mutual written agreement. HSIS will issue a final decision on all requests, including any appeal, within a maximum timeframe of two months from the initial request date.
Communicating a decision after consultation
Following a consultation meeting, the school may grant the request in full, grant it in part, or refuse it. HSIS may also:
- Propose an alternative flexible working option.
- Grant the request on a temporary basis.
- Ask the employee to trial the flexible working pattern for an agreed trial period.
If a new working arrangement is agreed, written confirmation will be issued within 10 working days of the consultation meeting, detailing the new pattern and implementation dates. If HSIS refuses the request, the written decision setting out the statutory grounds will be issued within 10 working days of the consultation meeting.
Statutory grounds for refusing a request
A flexible working request may only be refused if there is a clear business or operational reason, falling under one or more of the following eight statutory grounds:
- The burden of additional costs to the school.
- An inability to reorganise work among existing staff.
- An inability to recruit additional staff.
- A detrimental impact on quality of educational provision or workload.
- A detrimental impact on the school’s ability to meet pupil, parent, or operational needs.
- A detrimental impact on performance or productivity.
- An insufficiency of work during the periods the employee proposes to work.
- Planned structural or organizational changes that conflict with the requested pattern.
Right to appeal a decision
You have the right to appeal if your flexible working request is refused or agreed only in part. You must submit your appeal in writing within 5 working days of receiving the decision letter, clearly stating the grounds for your appeal.
At the appeal hearing, you have the right to be accompanied by a workplace colleague or a trade union representative. The appeal meeting will be heard within 10 working days of receiving your appeal, and you will be notified of the written outcome within 10 working days of the meeting. These timeframes may be extended by mutual agreement. The appeal decision is final, and there is no further internal right of appeal.
Requesting a reasonable adjustment (Equality Act 2010)
HSIS is committed to removing disadvantages for disabled staff. If you need to adapt where, how, or when you work due to a disability, you may request a reasonable adjustment under the Equality Act 2010. Requesting a reasonable adjustment is a separate process and does not count towards your annual allowance of flexible working requests.
To request a reasonable adjustment, submit your request by email or letter to your manager, specifying:
- That you are requesting a reasonable adjustment under the Equality Act 2010.
- The specific adjustments or working pattern modifications required.
Your manager will discuss the request with you within 10 days of receipt. The outcome and any agreed adjustments will be confirmed in writing within 10 days of that discussion. Time limits may be extended by mutual agreement.
Trial periods
Where there is uncertainty regarding whether a proposed flexible working pattern is practical for you or the school, a temporary trial period may be agreed. A trial period provides sufficient time to test the arrangement in practice before making a permanent decision on its viability.
HSIS will confirm any trial arrangements in writing, detailing the temporary working pattern and specifying start and end dates. It will be made clear that the trial represents a temporary variation to your terms and conditions. The trial period may be extended or shortened by mutual agreement.
HSIS reserves the right, at the end of the trial period, to require you to revert to your previous working pattern if the arrangement proves unviable. In this situation, the school will provide at least two weeks’ written notice.
Varying an employee’s contract
Where flexible working arrangements are agreed as a permanent change, the variation to your terms and conditions of employment will be formally documented. Written confirmation of the contract variation will be issued to you within one month of the change being agreed.
